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Standing matters, TMDL version

USA - September 3 2013 Last week, in Conservation Law Foundation v. EPA, Judge Mark Wolf ruled that CLF did not have standing to challenge EPA's approval of total maximum...


More on old NSR claims: injunctive relief remains available against original owners foolish enough not to have sold

USA - August 28 2013 As we noted last week and last month, the 3rd and 7th Circuits have ruled that violations of the obligation to undertake NSR review prior to...


The Atomic Energy Act preempts Vermont’s efforts to close Vermont Yankee: sometimes, legislative intent is just too clear to ignore

USA - August 21 2013 Last week, in Entergy v. Shumlin, the 2nd Circuit Court of Appeals largely struck down Vermont's efforts to close Vermont Yankee. Although three...


More on the permit shield defense: a permittee is gasp entitled to rely on regulations and permits issued by delegated state agencies

USA - August 20 2013 Late last month, we noted that a permittee may not rely on the permit shield defense unless it has clearly informed the permitting agency of the...


What is the burden in proving a violation of a stormwater permit? If it walks like a stormwater discharge

USA - August 14 2013 Those of us who do NPDES work know that enforcement, including citizen enforcement, against industrial point sources can often be all to...