Download or read book Legislative Approaches to Defining Waters of the United States written by Claudia Copeland and published by DIANE Publishing. This book was released on 2011-02 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a print on demand edition of a hard to find publication. In the 111th Congress, legislation has been introduced that seeks to clarify the scope of the Clean Water Act (CWA) in the wake of Supreme Court decisions in 2001 and 2006 that interpreted the law¿s jurisdiction more narrowly than prior case law. Bills to nullify the Court¿s rulings have been introduced repeatedly since the 107th Congress, but none had advanced until the 111th Congress. The legal and policy questions concerning the outer geographic limits of CWA jurisdiction and consequences of restricting that scope have challenged regulators, landowners and developers, and policymakers for more than 35 years. Contents of this report: Intro.; Analysis of Bills; Regulatory and Proposed Statutory Definitions of ¿Waters of the U.S.¿ Illus.
Download or read book Agriculture and Natural Resources written by Erica Haas and published by . This book was released on 2016 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Water Code written by Texas and published by . This book was released on 1972 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Reach of Raich written by Kimberly Breedon and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1972, Congress responded to the growing national water pollution problem by passing the Clean Water Act (CWA) in an effort to protect and maintain the quality of the nation's waters. Since that time, courts, regulatory agencies, and Congress itself have struggled to interpret, apply, and define the CWA coherently and uniformly, particularly regarding its regulation of wetlands. Within the judiciary, federal courts at all levels have established varying limits on the reach of the CWA's jurisdiction over wetlands. Similar inconsistencies surfaced in the regulatory agencies responsible for implementing the CWA. In the 1970s, for example, the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) promulgated conflicting regulatory interpretations of the extent of the Corps's jurisdiction over wetlands. And when Congress amended the CWA in 1977, it not only failed to resolve existing ambiguities regarding the reach of the Corps's jurisdiction, it intensified the interpretive difficulties by defining “navigable waters” broadly as the “waters of the United States,” without determining the extent to which either term applied to the regulation of wetlands. The pervasive inconsistency exhibited in all branches of the government regarding the CWA's application to wetlands has been exacerbated by the Supreme Court's distinction between wetlands that are not adjacent to navigable waters and those that are adjacent to navigable waters. Other recent Supreme Court decisions interpreting Congress's powers under the Commerce Clause have added to the confusion. These decisions have resulted in a split among the lower courts as to the reach of Congress's commerce powers to regulate non-adjacent wetlands. This Article proposes that the inconsistencies are best overcome by: (1) a scientifically based interpretive framework that will increase the predictability and uniformity of court decisions applying the CWA to wetlands regulations, and (2) an explicit expansion of the meaning of “channels of commerce” to include activities that substantially affect channels of commerce, irrespective of whether such activities substantially affect interstate commerce. Part II discusses the legislative and judicial histories of the CWA. Part III reviews Supreme Court decisions interpreting Congress's powers to regulate commerce, and federal judicial decisions interpreting the CWA within the context of contemporary Commerce Clause doctrine. Part IV discusses the utility of congressional power to protect wetlands as a class under the CWA in light of the nexus between pollution of navigable waters and wetlands as a potential source point for pollution. Part V concludes that Congress's commerce powers extend to regulating intrastate, isolated, non-navigable wetlands, and that Congress should grant explicit jurisdiction over such wetlands to the Corps. Some commentators have argued that regulating wetlands is a channel-of-commerce power, as opposed to a substantial effects power, and others have argued that courts should consider groundwater flow between wetlands and navigable surface waters as a sufficient nexus to invoke Congress's power. This Article seeks to combine and strengthen those arguments by adding scientific underpinnings to support them both, and by considering the implications of the Supreme Court's recent decision in Gonzales v. Raich, which interprets the Commerce Clause as applied to a comprehensive scheme of legislation.
Download or read book There Is More to the Clean Water Act Than Waters of the United States written by Robin Kundis Craig and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Congress enacted the contemporary form of the Federal Water Pollution Control Act in 1972, it used the same statutory formula to trigger both of the Act's two permit programs. That decision was never completely comfortable, and over time it has become clear that, although the two permit programs serve the same regulatory goal of improving water quality, they otherwise resonate in two very different complexes of legal values. The U.S. Supreme Court repeatedly has found the Section 404 complex particularly troublesome, holding that a broad definition of “waters of the United States” in this program threatens to infringe both states' Tenth Amendment prerogatives and landowners' private property rights. Moreover, this narrowing of jurisdictional “waters of the United States” is likely to continue into the 2022-2023 Supreme Court term through the case of Sackett v. EPA.The intense legal and political focus on “waters of the United States” since at least the Court's 2006 decision in Rapanos v. United States has obscured the fact that Clean Water Act jurisdiction depends on five elements, not just that one, that must be evaluated together. Moreover, the Supreme Court's approach to Section 402 jurisdiction in its 2020 decision in County of Maui v. Hawaii Wildlife Fund counsels the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers to take a more holistic approach to their next round of Clean Water Act jurisdictional regulations. This more holistic approach offers two immediate benefits: a highlighting of the many existing exemptions from Section 404 and a simplification of jurisdictional analyses. However, in the wake of the anticipated outcome of Sackett v. EPA, the holistic approach can also keep Section 402 jurisdiction relatively broad.
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 How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Riparian Areas written by National Research Council and published by National Academies Press. This book was released on 2002-10-10 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Clean Water Act (CWA) requires that wetlands be protected from degradation because of their important ecological functions including maintenance of high water quality and provision of fish and wildlife habitat. However, this protection generally does not encompass riparian areasâ€"the lands bordering rivers and lakesâ€"even though they often provide the same functions as wetlands. Growing recognition of the similarities in wetland and riparian area functioning and the differences in their legal protection led the NRC in 1999 to undertake a study of riparian areas, which has culminated in Riparian Areas: Functioning and Strategies for Management. The report is intended to heighten awareness of riparian areas commensurate with their ecological and societal values. The primary conclusion is that, because riparian areas perform a disproportionate number of biological and physical functions on a unit area basis, restoration of riparian functions along America's waterbodies should be a national goal.
Download or read book Congressional Record written by United States. Congress and published by . This book was released on 1971 with total page 1380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
Download or read book Intermittent Rivers and Ephemeral Streams written by Thibault Datry and published by Academic Press. This book was released on 2017-07-11 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intermittent Rivers and Ephemeral Streams: Ecology and Management takes an internationally broad approach, seeking to compare and contrast findings across multiple continents, climates, flow regimes, and land uses to provide a complete and integrated perspective on the ecology of these ecosystems. Coupled with this, users will find a discussion of management approaches applicable in different regions that are illustrated with relevant case studies. In a readable and technically accurate style, the book utilizes logically framed chapters authored by experts in the field, allowing managers and policymakers to readily grasp ecological concepts and their application to specific situations. Provides up-to-date reviews of research findings and management strategies using international examples Explores themes and parallels across diverse sub-disciplines in ecology and water resource management utilizing a multidisciplinary and integrative approach Reveals the relevance of this scientific understanding to managers and policymakers
Download or read book Wetlands written by Committee on Characterization of Wetlands and published by National Academies Press. This book was released on 1995-09-20 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Wetlands" has become a hot word in the current environmental debate. But what does it signify? In 1991, proposed changes in the legal definities of wetlands stirred controversy and focused attention on the scientific and economic aspects of their management. This volume explores how to define wetlands. The committee--whose members were drawn from academia, government, business, and the environmental community--builds a rational, scientific basis for delineating wetlands in the landscape and offers recommendations for further action. Wetlands also discusses the diverse hydrological and ecological functions of wetlands, and makes recommendations concerning so-called controversial areas such as permafrost wetlands, riparian ecosystems, irregularly flooded sites, and agricultural wetlands. It presents criteria for identifying wetlands and explores the problems of applying those criteria when there are seasonal changes in water levels. This comprehensive and practical volume will be of interest to environmental scientists and advocates, hydrologists, policymakers, regulators, faculty, researchers, and students of environmental studies.
Download or read book Clean Coastal Waters written by National Research Council and published by National Academies Press. This book was released on 2000-07-17 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental problems in coastal ecosystems can sometimes be attributed to excess nutrients flowing from upstream watersheds into estuarine settings. This nutrient over-enrichment can result in toxic algal blooms, shellfish poisoning, coral reef destruction, and other harmful outcomes. All U.S. coasts show signs of nutrient over-enrichment, and scientists predict worsening problems in the years ahead. Clean Coastal Waters explains technical aspects of nutrient over-enrichment and proposes both immediate local action by coastal managers and a longer-term national strategy incorporating policy design, classification of affected sites, law and regulation, coordination, and communication. Highlighting the Gulf of Mexico's "Dead Zone," the Pfiesteria outbreak in a tributary of Chesapeake Bay, and other cases, the book explains how nutrients work in the environment, why nitrogen is important, how enrichment turns into over-enrichment, and why some environments are especially susceptible. Economic as well as ecological impacts are examined. In addressing abatement strategies, the committee discusses the importance of monitoring sites, developing useful models of over-enrichment, and setting water quality goals. The book also reviews voluntary programs, mandatory controls, tax incentives, and other policy options for reducing the flow of nutrients from agricultural operations and other sources.
Download or read book Management of Legionella in Water Systems written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2020-02-20 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legionnaires' disease, a pneumonia caused by the Legionella bacterium, is the leading cause of reported waterborne disease outbreaks in the United States. Legionella occur naturally in water from many different environmental sources, but grow rapidly in the warm, stagnant conditions that can be found in engineered water systems such as cooling towers, building plumbing, and hot tubs. Humans are primarily exposed to Legionella through inhalation of contaminated aerosols into the respiratory system. Legionnaires' disease can be fatal, with between 3 and 33 percent of Legionella infections leading to death, and studies show the incidence of Legionnaires' disease in the United States increased five-fold from 2000 to 2017. Management of Legionella in Water Systems reviews the state of science on Legionella contamination of water systems, specifically the ecology and diagnosis. This report explores the process of transmission via water systems, quantification, prevention and control, and policy and training issues that affect the incidence of Legionnaires' disease. It also analyzes existing knowledge gaps and recommends research priorities moving forward.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Quality Criteria for Water 1986 written by United States. Environmental Protection Agency. Office of Water Regulations and Standards and published by . This book was released on 1986 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 304(a) (1) of the Clean Water Act 33 U.S.C. 1314(a) (1) requires the Environmental Protection Agency (EPA) to publish and periodically update ambient water quality criteria. These criteria are to accurately reflect the latest scientific knowledge (a) on the kind and extent of all identifiable effects on health and welfare including, but not limited to, plankton, fish shellfish, wildlife, plant life, shorelines, beaches, aesthetics, and recreation which may be expected from the presence of pollutants in any body of water including ground water; (b) on the concentration and dispersal of pollutants, or their byproducts, through biological, physical, and chemical processes; and (c) on the effects of pollutants on biological community diversity, productivity, and stability, including information on the factors affecting rates of eutrophication and organic and inorganic sedimentation for varying types of receiving waters. In a continuing effort to provide those who use EPA's water quality and human health criteria with up-to-date criteria values and associated information, the document was assembled. The document includes summaries of all the contaminants for which EPA has developed criteria recommendations.
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 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:
