Download or read book From Protecting Water Quality to Protecting States Rights written by Stephen M. Johnson and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1972, a bi-partisan Congress enacted the Clean Water Act “to restore and maintain the chemical, physical, and biological integrity of the Nation's waters.” Almost fifty years have passed since Congress enacted the law and, during that time, the Supreme Court has played a significant role in the administration and evolution of the law. Since the dawn of the environmental era in the 1970's, the Supreme Court has heard more cases involving the Clean Water Act than any other environmental law. However, the manner in which the Court has analyzed the law has changed substantially over the last half century. This article reviews the shift in the Court's interpretation of the Act ver time. A review of the thirty cases that the Court has heard that involve statutory interpretation of the Clean Water Act show that the Court, during the early years of the law, focused heavily on legislative history and the purpose of the law in Section 101(a) and interpreted the law to carry out that purpose. Over time, though, the Court adopted a more textualist approach to interpreting the Clean Water Act and, beginning with the Rehnquist Court, the Court began to focus on protecting States' rights. In contrast to the Court's early opinions, opinions from the past few decades do not generally discuss the water quality protection purposes of Section 101(a) of the Clean Water Act. Instead, to the limited extent that the Court focuses on purposes of the law, it cites language in Section 101(b) of the law that discusses a Congressional policy to preserve and protect States' rights. A review of the Court's Clean Water Act cases also shows that, as the Court has moved to a more textualist approach to statutory interpretation, it has become more ideologically divided and the outcomes of the cases are more frequently those that could be characterized as anti-environmental. In addition, while early Supreme Court Clean Water Act decisions often adopted a rhetorical tone sympathizing with the government's efforts to advance public rights with limited resources, more recent decisions tend to adopt a tone of skepticism or even hostility toward government regulation.The shift in the Supreme Court's interpretation of the Clean Water Act is troubling because it coincides with Congressional disengagement in oversight of the law. In the first few decades after the Clean Water Act was enacted, Congress was vigilant in responding to Supreme Court and lower court interpretations of the law, and frequently legislated to affirm or overturn those interpretations. That is no longer the case, either for the Clean Water Act or most other environmental laws. If the Supreme Court adopts an interpretation of the law that conflicts with the water quality protection goals and purposes of the law, Congress is no longer likely to step in to correct the Court's mistake. The lack of concern demonstrated by the Supreme Court and Congress toward interpreting and applying the Clean Water Act to meet the Section 101(a) goals to protect water quality could be counterbalanced to some degree by aggressive implementation of the law by EPA and the U.S. Army Corps of Engineers to carry out those goals. Chevron deference to the agencies' interpretations of the law could provide a minor bulwark against the erosion of the law. However, courts are increasingly finding ways to avoid applying Chevron to agency decisions. Even if courts continued to aggressively apply Chevron to agency actions, though, deferring to the actions that the EPA and the Corps have taken over the past few years would not advance the water quality protection goals of the Clean Water Act because the agencies have increasingly emphasized the protection of States' rights policy of the law in Section 101(b) in their decision-making at the expense of the water quality protection goals of Section 101(a). The agencies' recent navigable waters protection rule and EPA's policy reversal regarding discharges to groundwater in the County of Maui, Hawaii v. Hawaii Wildlife Fund case are just a few examples of the agencies' policy shift.
Download or read book The Green Amendment written by Maya K. Van Rossum and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2017 INDIE BOOK OF THE YEAR AWARD FINALIST "A rallying cry . . . Everyone who is concerned about the welfare of all species, including human beings. Please read this important book." --Richard Louv, chairman emeritus of the Children & Nature Network and author of LAST CHILD IN THE WOODS and THE NATURE PRINCIPLE The Constitutional Change We Need to Protect Our Priceless Natural Resources For decades, activists have relied on federal and state legislation to fight for a cleaner environment. And for decades, they've been fighting a losing battle. The sad truth is, our laws are designed to accommodate pollution rather than prevent it. It's no wonder people feel powerless when it comes to preserving the quality of their water, air, public parks, and special natural spaces. But there is a solution, argues veteran environmentalist Maya K. van Rossum: bypass the laws and turn to the ultimate authority--our state and federal constitutions. In 2013, van Rossum and her team won a watershed legal victory that not only protected Pennsylvania communities from ruthless frackers but affirmed the constitutional right of people in the state to a clean and healthy environment. Following this victory, van Rossum inaugurated the Green Amendment movement, dedicated to empowering every American community to mobilize for constitutional change. Now, with The Green Amendment, van Rossum lays out an inspiring new agenda for environmental advocacy, one that will finally empower people, level the playing field, and provide real hope for communities everywhere. Readers will discover how legislative environmentalism has failed communities across America, the transformational difference environmental constitutionalism can make, the economic imperative of environmental constitutionalism, and how to take action in their communities. We all have the right to pure water, clean air, and a healthy environment. It's time to claim that right--for our own sake and that of future generations.
Download or read book Valuing Ground Water written by National Research Council and published by National Academies Press. This book was released on 1997-07-10 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because water in the United State has not been traded in markets, there is no meaningful estimate of what it would cost if it were traded. But failing to establish ground water's valueâ€"for in situ uses such as sustaining wetlands as well as for extractive uses such as agricultureâ€"will lead to continued overuse and degradation of the nation's aquifers. In Valuing Ground Water an interdisciplinary committee integrates the latest economic, legal, and physical knowledge about ground water and methods for valuing this resource, making it comprehensible to decision-makers involved in Superfund cleanup efforts, local wellhead protection programs, water allocation, and other water-related management issues. Using the concept of total economic value, this volume provides a framework for calculating the economic value of ground water and evaluating tradeoffs between competing uses of it. Included are seven case studies where ground-water valuation has been or could be used in decisionmaking. The committee examines trends in ground-water management, factors that contribute to its value, and issues surrounding ground-water allocation and legal rights to its use. The book discusses economic valuation of natural resources and reviews several valuation methods. Presenting conclusions, recommendations, and research priorities, Valuing Ground Water will be of interest to those concerned about ground-water issues: policymakers, regulators, economists, attorneys, researchers, resource managers, and environmental advocates.
Download or read book A Compilation of Water Quality Goals written by Jon Bruce Marshack and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Preservation of Instream Flows written by Verne W. House and published by . This book was released on 1982 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book H R 2728 Protecting States Rights to Promote American Energy Security Act written by United States. Congress. House. Committee on Natural Resources. Subcommittee on Energy and Mineral Resources and published by . This book was released on 2014 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book Water Pollution Policies and the American States written by John A. Hoornbeek and published by State University of New York Press. This book was released on 2012-01-02 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between federal and state water pollution policies is revealed and assessed in this incisive volume. Focusing on Congress's statutory directions in the Federal Water Pollution Control Act of 1972 and state compliance, this study throws into relief the complex and often troubled relationship between the laws enacted by Congress and the public policies produced by state governments that implement them. Compliance at the state level can be affected and sometimes disturbed by state politics, particular policymaking processes, and the effects of federal oversight practices. As convincingly demonstrated in these pages, American water pollution policy reflects neither runaway bureaucracies nor Congressional control, but rather a complex intergovernmental process that is structured around Congress's statutory directions.
Download or read book Reclamation States Ground Water Protection and Management Act written by United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Water and Power Resources and published by . This book was released on 1988 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Silent Spring written by Rachel Carson and published by Houghton Mifflin Harcourt. This book was released on 2002 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essential, cornerstone book of modern environmentalism is now offered in a handsome 40th anniversary edition which features a new Introduction by activist Terry Tempest Williams and a new Afterword by Carson biographer Linda Lear.
Download or read book Decisions of the United States Environmental Protection Agency written by United States. Environmental Protection Agency and published by . This book was released on with total page 1114 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guidelines for Drinking water Quality written by World Health Organization and published by . This book was released on 1985 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: v.1. Recommendations -- v.2. Health criteria and other supporting information -- v.3. Drinking-water quality control in small-community supplies.
Download or read book Reauthorization of the Federal Water Pollution Control Act written by United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Water Resources and Environment and published by . This book was released on 1996 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sustainability and the U S EPA written by National Research Council and published by National Academies Press. This book was released on 2011-09-08 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainability is based on a simple and long-recognized factual premise: Everything that humans require for their survival and well-being depends, directly or indirectly, on the natural environment. The environment provides the air we breathe, the water we drink, and the food we eat. Recognizing the importance of sustainability to its work, the U.S. Environmental Protection Agency (EPA) has been working to create programs and applications in a variety of areas to better incorporate sustainability into decision-making at the agency. To further strengthen the scientific basis for sustainability as it applies to human health and environmental protection, the EPA asked the National Research Council (NRC) to provide a framework for incorporating sustainability into the EPA's principles and decision-making. This framework, Sustainability and the U.S. EPA, provides recommendations for a sustainability approach that both incorporates and goes beyond an approach based on assessing and managing the risks posed by pollutants that has largely shaped environmental policy since the 1980s. Although risk-based methods have led to many successes and remain important tools, the report concludes that they are not adequate to address many of the complex problems that put current and future generations at risk, such as depletion of natural resources, climate change, and loss of biodiversity. Moreover, sophisticated tools are increasingly available to address cross-cutting, complex, and challenging issues that go beyond risk management. The report recommends that EPA formally adopt as its sustainability paradigm the widely used "three pillars" approach, which means considering the environmental, social, and economic impacts of an action or decision. Health should be expressly included in the "social" pillar. EPA should also articulate its vision for sustainability and develop a set of sustainability principles that would underlie all agency policies and programs.
Download or read book Managing California s Water written by Ellen Hanak and published by Public Policy Instit. of CA. This book was released on 2011 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Protecting Our Nation s Groundwater written by United States. Congress. Senate. Committee on Governmental Affairs. Subcommittee on Government Efficiency, Federalism, and the District of Columbia and published by . This book was released on 1988 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reauthorization of the Clean Water Act written by United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Clean Water, Fisheries, and Wildlife and published by . This book was released on 1994 with total page 1714 pages. Available in PDF, EPUB and Kindle. Book excerpt:
