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Full-Text Articles in Law
When Industry Knocks: Ohio Department Of Agriculture's Fight To Control Pollution Permits For Concentrated Animal Feeding Operations, Alexis Woodworth
When Industry Knocks: Ohio Department Of Agriculture's Fight To Control Pollution Permits For Concentrated Animal Feeding Operations, Alexis Woodworth
Cleveland State Law Review
The Clean Water Act requires that a permit be obtained before discharging pollutants into bodies of water in the United States. In Ohio, these permits are issued by the Ohio Environmental Protection Agency. But in 2002, after growing pressure from agriculture lobbyists, the Ohio Legislature passed legislation to transfer permitting authority over industrial farms to the Ohio Department of Agriculture. To date, this transfer has not been approved by the United States Environmental Protection Agency (EPA). The U.S. EPA has demanded legislative and regulatory changes before it will grant the Ohio Department of Agriculture (ODA) permitting authority. Concerned citizens and …
Alito's Voice: Koontz And The End Of Justice Steven's Private Private Property Regulation Policy, Colin W. Maguire
Alito's Voice: Koontz And The End Of Justice Steven's Private Private Property Regulation Policy, Colin W. Maguire
Cleveland State Law Review
This article talks about the substantial distinction between a physical government invasion and a coercive request for funds, if the government action fails under Nollan and Dolan. Clearly, there is a newly recognized risk to water resource regulators who try to stop development in areas which are considered wetlands.
Spirit Food And Sovereignty: Pathways For Protecting Indigenous Peoples' Subsistence Rights , Allison M. Dussias
Spirit Food And Sovereignty: Pathways For Protecting Indigenous Peoples' Subsistence Rights , Allison M. Dussias
Cleveland State Law Review
The Article examines three pathways recently followed by tribes and Native communities in seeking protection of their rights to valued subsistence resources focusing on the legal principles and theories on which they have relied, including treaty rights, environmental law, tribal sovereignty, and international human rights law, as they have followed their different pathways.
Holding Nature Responsible: The Natural Conditions Exception To Water Quality Standards Of The Clean Water, Shimshon Balanson
Holding Nature Responsible: The Natural Conditions Exception To Water Quality Standards Of The Clean Water, Shimshon Balanson
Cleveland State Law Review
Part I provides a background to the Clean Water Act (“CWA”), including a brief review of its history, structure, and the development of water quality standards. The analysis in Part II.A explores the states' responsibilities in compiling a list of impaired water under CWA § 303(d), while Part II.B reviews the evolution of the “natural conditions” exception in case law, state regulation, and EPA policy and guidance. Part II.C evaluates the validity of the “natural conditions” exception from three frameworks—scientific, public policy, and legal—and raises serious questions as to whether deviatory water quality standards cohere with the principles and purposes …
Lawmaker As Lawbreaker: Enforcement Actions Against Municipalities For Failing To Comply With The Clean Water Act, G. Nelson Smith Iii
Lawmaker As Lawbreaker: Enforcement Actions Against Municipalities For Failing To Comply With The Clean Water Act, G. Nelson Smith Iii
Cleveland State Law Review
The Clean Water Act makes it unlawful for anyone, including municipalities, to discharge a pollutant into navigable waters except as authorized by specific sections of the Act. To implement this prohibition, as well as the exceptions, the Act established a complex system regulating all discharges into the navigable waters of the United States. Under the Act, the discharge of pollutants without a permit or in violation of a permit condition may result in civil penalties and/or a criminal penalty per day per violation. While these penalties could be extremely costly for municipalities, the problem becomes even more severe because many …