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Full-Text Articles in Water Law
United States Army Corps Of Engineers V. Hawkes Co., Jonah Brown
United States Army Corps Of Engineers V. Hawkes Co., Jonah Brown
Public Land & Resources Law Review
When landowners seek to determine if a permit is required from the Army Corps of Engineers to discharge dredged or fill material into waters within their property boundaries, they may first obtain a jurisdictional determination specifying whether “waters of the United States” are present. In an 8-0 judgment, Army Corps of Engineers v. Hawkes was a victory for landowners, concluding that an approved jurisdictional determination is a final agency action reviewable under the Administrative Procedure Act.
Troubled Water: An Examination Of The Npdes Permit Shield, Stephanie Rich
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 …