Law Commons^™

Sackett V. U.S. Environmental Protection Agency: "Waters Of The United States" Defined By 0.63 Acres, Brian Gillis

Golden Gate University Law Review

This case note analyzes Sackett v. U.S. Env’t Prot. Agency, 8 F.4th 1075, 1080 (9th Cir. 2021), a case wherein the U.S. Court of Appeals for the Ninth Circuit set forth the proper test for determining whether wetlands are “waters of the United States” within the meaning of the Clean Water Act (33 U.S.C. §1251 et seq. (1972)). In 2007, the Sacketts had purchased a 0.63 acre lot in Idaho, obtained building permits, and began constructing a house, which resulted in the deposit of sand and gravel in areas of standing water on the property. Soon thereafter, the Environmental …

A Clean Water Act, If You Can Keep It, Sean G. Herman

Golden Gate University Environmental Law Journal

The Clean Water Act has traveled a successful but tortuous path. From combustible beginnings on the Cuyahoga River; through the Lake St. Clair wetlands; to reservoirs near the Miccosukee; and eventually discharged (or “functionally” discharged) off the Maui coast. With each bend, the nearly fifty-year-old Act has proven to be not just resilient, but among our most successful environmental laws. Much of that success stems from an effective enforcement structure that focuses more on treating pollutant sources rather than just impaired waters. The text creating that structure has largely remained untouched by Congress for decades.

This article begins by posing …

Safeguarding Water Quality In Federal Licensing Decisions: California’S Response To Recent Constraints On Clean Water Act Section 401 Certification Authority, Kristin Peer, Stacy Gillespie

Golden Gate University Environmental Law Journal

Pursuant to Clean Water Act section 401, state water quality certification authority to regulate federally-licensed energy projects has been relatively well settled for decades. Long-standing precedents from the U.S. Supreme Court, other federal courts, the U.S. Environmental Protection Agency (“U.S. EPA”), and implementation of certification authority by the states, have repeatedly reinforced the cooperative federalism principle of the Clean Water Act: state section 401 certification authority is essential to preserve the states’ ability to address a wide range of pollution problems caused by federally-permitted energy facilities. In recent years, however, state section 401 certification authority has come under siege in …

California Should Lead The Nation In Controlling Agricultural Pollution, Helen H. Kang, Deborah Sivas

Publications

Agricultural runoff is one of the largest sources of pollution in the nation’s waterways. In recent years, scientific journals and the media have been filled with reports of toxic algae blooms and dead zones near and far: The Everglades, Great Lakes, Gulf of Mexico, Chesapeake Bay, and San Francisco Bay-Delta. Agricultural pollution also threatens public health in communities that rely on tainted groundwater. In California alone, more than a quarter million residents in largely agricultural areas are served by water systems with degraded groundwater quality.

Using Citizen Suits To Remedy Environmental Injustice And Achieve Clean Water In California, Paul Kneitz

Poverty Law Conference & Symposium

Nearly fifty years since the passage of the Clean Water Act (“CWA”) in 1972, widespread pollution of California’s surface and groundwater continues across the state. “Over half of California’s lakes, bays, wetlands, and estuaries are too polluted to swim, drink, or fish,” according to the State Water Resources Control Board. Poor and working-class communities suffer disproportionately from the negative externalities and environmental impacts of water pollution, including effects on human health and wellness.

With a focus on the CWA citizen suit provision, this paper examines how the legal and administrative processes for water pollution control have not effectively addressed the …

Cherishing The Coast: California Goes Long, Ariel Rubissow Okamoto, Nate Seltenrich, Lisa Owens Viani, Jonathon Gurish

Golden Gate University Environmental Law Journal

This article focuses on the California Coastal Conservancy. It explores the Conservancy’s uniquely proactive approach to coastal zone management through both oral history (collected via telephone interviews) and literature research. In general, being proactive has involved the Conservancy in activities such as identifying coastal areas or wildlife habitats in need of protection; developing plans and priorities for acquisition or restoration; assembling and supporting local stewards and partners; leading and shepherding collaborative projects to fruition; and often providing significant funding.

Natural Resources Defense Council V. Environmental Protection Agency: A Call For Evenhanded Application Of The Clean Water Act Of 1972, Mary Lim

Golden Gate University Law Review

In Natural Resources Defense Council v. EPA ("NRDC v. EPA"), the Natural Resources Defense Council ("NRDC") challenged the EPA's permit exemption for oil and gas construction sites as a violation of the CWA, claiming that the exemption was inconsistent with the CWA's goal of protecting the nation's waters. The United States Court of Appeals for the Ninth Circuit held that the EPA's rule was arbitrary and capricious in light of the EPA's consistent, long-standing position of requiring permits for sediment discharges. In addition, the Ninth Circuit supported its reasoning with the fact that Congress did not specifically mention the term …

Citizens For A Better Environment V. Union Oil Company Of California: Keeping Citizen Suits Alive In The Face Of Inadequate State Government Enforcement, Frank M. Howard

Golden Gate University Law Review

This note examines the Ninth Circuit's ruling on Union Oil's settlement payment and the comparability of the applicable state law to the Clean Water Act's administrative penalties provision. In so doing, this note also offers background on the Clean Water Act's citizen suit and administrative penalties provisions and discusses their applicability to the Ninth Circuit's holding.

Enforcing The Clean Water Act In The Twenty-First Century: Harnessing The Power Of The Public Spotlight, Clifford Rechtschaffen

Publications

Thirty years after the passage of the Clean Water Act, how can we strengthen enforcement of the CWA, increase rates of compliance, and move closer to achieving the statute's un-derlying objectives? This Article argues that legislators and policymakers looking for solutions in this resource-strapped era should harness the power of the public spotlight to enhance enforcement efforts. Part I describes the strong Congressional and public support for vigorous enforcement of the statute. Part II discusses how successfully the NPDES program currently is being implemented by the states and the EPA. The record of performance shows that there are numerous deficiencies …