SCOTUS strikes down WOTUS significant nexus test; Sackett decision issued

May 25, 2023

The Supreme Court issued its long-awaited decision on the Sackett v. EPA case today, unanimously rejecting the use of the significant nexus test to determine Clean Water Act (CWA) jurisdiction. The Sacketts of Idaho asked the Supreme Court to …

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EPA proposed settlement

May 11, 2023

On April 21, 2023, EPA issued public comments on a proposed settlement agreement with the Chesapeake Bay Foundation (CBF). The settlement is the latest development in CBF’s 2020 lawsuit filed with Delaware, Maryland, Virginia and the District …

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Pressure building on Biden EPA to regulate CAFOs

November 3, 2022

Environmentalists, citizen groups and some in the “environmental justice” community are putting considerable pressure on the Biden EPA to step up federal regulation of concentrated animal feeding operations (CAFOs). Most commercial layer operations meet the …

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EPA to implement CAFO inspections in PA pending funding for farmer assistance

April 21, 2022

On April 18, US EPA announced a two-stage Clean Water Act inspection plan for Pennsylvania, taking effect in 90 days, to support more aggressive adoption of nutrient loss reduction practices by the state’s farmers in …

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Two CWA decisions; more potential problems for CAFOs

September 23, 2021

Two recent decisions, one by the 9th Circuit Court of Appeals and the other by EPA, highlight how the Clean Water Act’s (CWA) regulatory measures for Concentrated Animal Feeding Operations (CAFOs) are subject to changes. These …

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