Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Can States Regulate Hydropower Dams As Dischargers Pursuant To Their Clean Water Certification Authority?, Robert H. Abrams
Can States Regulate Hydropower Dams As Dischargers Pursuant To Their Clean Water Certification Authority?, Robert H. Abrams
Journal Publications
Under §401 of the Clean Water Act, 33 U.S.C §13·n, to obtain a federal license for any activity that results in a "discharge into the navigable waters," the license applicant must obtain a certification from the state in which the activity takes place that the discharge complies with several aspects of state water-quality regulation under the Clean Water Act. A common setting in which this requirement has been applied is when a hydropower dam seeks to be relicensed by the Federal Energy Regulatory Commission (FERC).
It’S All About What You Know: The Specific Intent Standard Should Govern "Knowing" Violations Of The Clean Water Act, Randall S. Abate, Dayna E. Mancuso
It’S All About What You Know: The Specific Intent Standard Should Govern "Knowing" Violations Of The Clean Water Act, Randall S. Abate, Dayna E. Mancuso
Journal Publications
Part I of this Article examines the historical and conceptual foundations of the specific intent standard as applied both outside and within the environmental law context. Part II addresses the historical and conceptual foundations of the general intent standard, also outside and within the environmental law context. Part III reviews the history of the conflict between application of the specific intent and general intent standards in prosecutions for knowing violations of the Clean Water Act. Part IV presents arguments that support application of the specific intent standard to knowing violation cases under section 309(c)(2)(A) of the CWA. Part V analyzes …
Interstate Water Pollution: Must Upstream Permits Comply With Downstream Standards?, Robert H. Abrams
Interstate Water Pollution: Must Upstream Permits Comply With Downstream Standards?, Robert H. Abrams
Journal Publications
No abstract provided.