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Full-Text Articles in Law

Understanding The Lloyd Moratorium And The Science That Supports It, Sarah J. Meyland Jun 2016

Understanding The Lloyd Moratorium And The Science That Supports It, Sarah J. Meyland

Pace Environmental Law Review

This article examines the background to the enactment of the Lloyd Moratorium, the role of science, and a discussion of why limits on certain groundwater use are appropriate. Section Two reviews the history of the Lloyd Moratorium and the challenges to it. The role of the State in implementing the moratorium is also considered. Section Three describes the current guidelines for Lloyd well permits. Section Four reviews the vulnerability of the Lloyd aquifer. Section Five discusses the necessity of setting a high bar for Lloyd aquifer access. Section Six concludes with an outline of how the Long Island aquifer system …


Troubled Water: An Examination Of The Npdes Permit Shield, Stephanie Rich Jun 2016

Troubled Water: An Examination Of The Npdes Permit Shield, Stephanie Rich

Pace Environmental Law Review

In this comment I argue for a narrow interpretation of the Clean Water Act (CWA) permit shield by analyzing the recent federal cases addressing the shield’s scope. A narrow interpretation calls for a greater level of compliance and disclosure on behalf of the permit holder in order to invoke the shield’s protection. This argument also includes a higher standard of “reasonable contemplation” of pollutants on the part of the regulator. The first section of this comment gives a brief background of the CWA, the National Pollutant Discharge Elimination System (NPDES), and the permit shield provision. The next section presents the …