Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Army Corps of Engineers (1)
- Carbon Dioxide (1)
- Clean Water Act (1)
- Department of Defense (1)
- EPA (1)
-
- Environmental Law (1)
- Environmental Legislation (1)
- Environmental Litigation (1)
- Exclusive jurisdiction (1)
- Federal courts of appeals (1)
- Federal district court (1)
- Global Climate Change (1)
- Global Warming (1)
- Jurisdiction (1)
- Massachusetts (1)
- National Association of Manufacturers (1)
- Sixth Circuit (1)
- WOTUS (1)
- WOTUS Rule (1)
- Waters of the United States (1)
Articles 1 - 2 of 2
Full-Text Articles in Legal Writing and Research
National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack
National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack
Public Land & Resources Law Review
In an attempt to provide consistency to the interpretation and application of the statutory phrase “waters of the United States,” as used in the Clean Water Act, the EPA and Army Corps of Engineers together passed the WOTUS Rule. Unfortunately, the Rule has created more confusion than clarity, resulting in a number of lawsuits challenging substantive portions of the Rule’s language. National Association of Manufacturers v. Department of Defense did not address those substantive challenges, but instead determined whether those claims challenging the Rule must be filed in federal district courts or federal courts of appeals. In its decision, the …
Kain V. Department Of Environmental Protection, Sarah M. Danno
Kain V. Department Of Environmental Protection, Sarah M. Danno
Public Land & Resources Law Review
Global climate change and its chronic frustrations generated passage of the Massachusetts Global Warming Solutions Act. The Massachusetts Legislature imposed time-bound implementation mandates on the Massachusetts Department of Environmental Protection with Massachusetts residents acting as compliance watchdogs. In Kain, the Supreme Judicial Court of Massachusetts interpreted the Act in favor of environmental integrity and strict agency compliance standards.