Making Challenges to an Impaired Waters Listing Stick

This article is reprinted with the permission of Law360, where it originally appeared on July 30, 2014, under the title “Arguing Injury Can Prevent Harm From EPA Water Listing.” The listing of a water body as impaired under the Clean … Continue reading

Challenging EPA’s administration of the Clean Water Act for failure to consider climate impacts

Environmental interests have seemingly embarked on a new campaign to challenge the EPA’s administration of the Clean Water Act (CWA) for failure to consider the impacts of climate change.  In some instances, they have opposed consent decrees that EPA has proposed to resolve violations associated with combined … Continue reading

Still standing, still intact: Chesapeake Bay TMDL survives second legal challenge

This past September, in a case currently up on appeal before the Third Circuit, the U.S. District Court for the Middle District of Pennsylvania rejected a challenge to the Chesapeake Bay Total Maximum Daily Load (“Bay TMDL”) brought by several … Continue reading

Septic Saga, Part 2: Pennsylvania enacts Act 41, prompting threat of lawsuit

In a previous blog post, we discussed a policy that the Pennsylvania Department of Environmental Protection (PADEP) had proposed to guide its review of sewage facilities planning modules proposing the use of individual and community onlot sewage systems in High … Continue reading