Since Congress has not updated many federal environmental laws in decades, we’ve grown accustomed to federal agencies and courts twisting … More
Category: Clean Water Act
Mired in red tape: Pipeline case could upend Clean Water Act permitting
The federal Clean Water Act is a notoriously complex statute, imposing federal permitting on a wide variety of land uses, … More
Five years after the Gold King mine spill, we still need reforms to cleanup abandoned mines
This week was the 5th anniversary of the Gold King mine spill, in which contractors working for the Environmental Protection … More
How federal environmental rules discourage cleanup of abandoned mines
Throughout the West, abandoned mines release toxic pollutants, harming water quality, fish, and recreation opportunities. The private sector has long … More
Federal judge in environmental nuisance case: “Less fortunate citizens have property rights, too.”
A $100 million case against North Carolina hog farms demonstrates the critical role property rights play in protecting the environment … More
Supreme Court wades back into the murky Clean Water Act
Since the 1980s, Maui County’s wastewater treatment plant has discharged millions of gallons of recycled water into groundwater. Over several … More
A flood of red tape: why is it harder to buy out flood prone properties than to rebuild?
This year, the Mississippi River experienced its longest flood on record, with parts of the river exceeding flood levels for … More
Will the Supreme Court decide whether the Clean Water Act applies to groundwater?
In February, the Supreme Court agreed to decide whether the federal Clean Water Act regulates pollutants that migrate through groundwater. … More
If federal authority ebbs, will states take the lead on regulating upstream water quality?
Since 1972, the Environmental Protection Agency has regulated discharges of pollution to “waters of the United States.” The meaning of … More
Markets for clean water
Last month, the Environmental Protection Agency published a memo encouraging states, tribes, and local governments to look to markets for … More
