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Full-Text Articles in Law

Permits For Puddles? The Constitutionality And Necessity Of Proposed Agency Guidance Clarifying Clean Water Act Jurisdiction, Jennifer L. Baader Apr 2013

Permits For Puddles? The Constitutionality And Necessity Of Proposed Agency Guidance Clarifying Clean Water Act Jurisdiction, Jennifer L. Baader

Chicago-Kent Law Review

The Clean Water Act, enacted and amended in the mid-20th century, was a significant development in the protection and restoration of the Nation’s waters. The Act authorized the Environmental Protection Agency and the Army Corps of Engineers to regulate the discharge of pollutants into many types of bodies of water. However, this wide-spread jurisdictional authority was challenged by the Supreme Court in two turn of the century cases which limited the application of the Act to certain waters. In 2011, a draft guidance document was released by the Environmental Protection Agency and the Army Corps of Engineers, which would increase …


Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky Apr 2013

Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky

West Virginia Law Review

No abstract provided.


Writing A Check That The State Can't Cash: Water Pollution From Coal Mining And The Imminent And Inevitable Failure Of The West Virginia Special Reclamation Fund, Sarah J. Surber Jan 2013

Writing A Check That The State Can't Cash: Water Pollution From Coal Mining And The Imminent And Inevitable Failure Of The West Virginia Special Reclamation Fund, Sarah J. Surber

Applied Safety & Technology Faculty Research

After decades of financial decadence and total dominance over political processes, coal companies have hit desperate times. Cheap, abundant natural gas recently emerged, driving demand for coal for energy production and coal prices down. The United States Environmental Protection Agency (EPA) finally moved to more stringent emissions limitations for coal-fired power plants under the Clean Air Act. Concurrently, the public demanded improvements in safety technology after several tragic mining accidents resulted from lax safety measures and a corporate culture of recklessness. During this time, environmental citizen groups worked to ensure that mining companies no longer violated the Clean Water Act …