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Tag Archives: Clean Water Act

Correlation, causation (access required)

An inmate at the New Hanover County Detention Facility claims that he is being forced to drink contaminated water while awaiting trial. According to news reports, 27-year-old Damian Gore has filed a federal lawsuit alleging that the water being provided ...

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Slippery when wet (access required)

There must be something in the water in Cary. Though if there is, it was impossible to tell when Christopher Miller, 41, was on duty. Miller was employed by the Town of Cary as a state-certified water system technician. In ...

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Environmental – Administrative – Licenses & Permits — Wildlife Refuge – Clean Water Act (access required)

Friends of Back Bay v. U.S. Army Corps of Engineers The “Friends of Back Bay” win their challenge to a Clean Water permit issued by the Army Corps of Engineers to a developer who wants to build a mooring facility and concrete boat ramp about 3,000 feet from the Back Bay National Wildlife Refuge in Virginia Beach; the 4th Circuit vacates a decision upholding the permit, as the Corps relied on voluntary compliance with a “secret” no-wake zone to protect the Refuge from the negative effect of adding 64 boat slips to the existing 12 in the area.

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Environmental – Clean Water Act – Jury Instructions – ‘Water of the United States’ – Rapanos v. United States – Justice Kennedy’s Definition (access required)

United States v. Freedman Farms, Inc. In unusual situations, Justice Scalia's definition of "waters of the United States," as set out in the plurality opinion of Rapanos v. United States, 547 U.S. 715 (2006), would give the government authority over bodies of water that would not fall within Justice Kennedy's definition, set out in his concurring opinion. However, Justice Kennedy's definition generally would be less restrictive of government authority (i.e., "narrower" within the meaning of Marks v. United States, 430 U.S. 188 (1977)).

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