The U.S. Supreme Court's recent campaign to curtail congressional authority to legislate under the U.S. Commerce Clause has inevitably fostered speculation about the validity of parts of the Clean Water Act (CWA), the Endangered Species Act (ESA) and other federal environmental laws—heightened by the Court's recent decision to hear just such a claim. One view is that the decisions since United States v.

Editors' Summary: This Article is the second in a series intended to supplement Federal Wetlands Law, a primer that ELR published in 1993 and subsequently incorporated into the Wetlands Deskbook. The Article, which refers to the primer but stands on its own, focuses primarily on where wetlands law has changed since the primer's publication. The Article first discusses nationwide and general permits under Clean Water Act §404, including a new nationwide permit that applies to single-family homesites.

Editors' Summary: Late last year, EPA and the National Pork Producers Council (NPPC) announced that they had developed a compliance assurance program (CAP) under which U.S. pork producers can reduce their penalties for FWPCA violations that they report and correct as part of a comprehensive environmental auditing program. This Dialogue examines the CAP and the terms of the agreement that pork producers may sign to register for the CAP. The Dialogue begins by describing the context in which the CAP was developed.

Editors' Summary: The Select Steel decision marked the first administrative Title VI complaint that EPA decided on the merits. The complaint challenged the state of Michigan's decision to grant a permit to the Select Steel Corporation for a steel mini-mill in Flint, Michigan. EPA ruled that Michigan did not violate Title VI because the permit decision would have no adverse impact and, thus, no disproportionate impact, on the surrounding community. This Dialogue examines the background and context for the Select Steel decision.

In May 2000, the unthinkable happened; individuals living in Canada became ill, some fatally, from drinking tap water contaminated with a toxic strain of Escherichia coli (e-coli). Walkerton, a small rural town in Ontario, Canada, was thrust into the spotlight as Canadians tried to understand how this could have happened. A public inquiry was struck to investigate the causes of the tragedy and make recommendations to ensure that it would not happen again. As a result, governments across Canada are taking a close look at how drinking water supplies are protected and managed.

What is an appropriate regulatory response to the enormous growth of pesticide use in developing countries? The question falls within the broader issue of how developing countries deal with the consequences of their application of technological packages to agricultural production. As developing countries step up efforts to improve agricultural production, there are rising concerns about the social and economic costs of their agricultural development in terms of the negative health and environmental impact that pesticides are or are likely to cause.

"When the well is dry, we [will] learn the worth of water."

—Ben Franklin, a U.S. Founding Father

One of the more daunting tasks facing environmental practitioners over the past decade or two has been the recovery of cleanup costs and related relief at sites contaminated with petroleum substances. Parties seeking relief face significant hurdles under the federal environmental statutes. The key federal environmental cost-recovery statute, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) often provides little help because of its petroleum exclusion.

In late 1996, the Tulane Environmental Law Clinic (the Clinic) took on representation of a community group called St. James Citizens for Jobs and the Environment in a controversial challenge to Shintech Inc.'s proposed construction of a polyvinyl chloride plant in Convent, Louisiana. After the U.S. Environmental Protection Agency (EPA) granted a petition to veto the Louisiana Department of Environmental Quality's issuance of an air permit to Shintech, Shintech changed its plans and located a downsized facility elsewhere in Louisiana.

Editors' Summary: Pfiesteria piscicida, a sometimes toxic microorganism, is responsible for the death of millions of fish in Delaware, Maryland, North Carolina, and Virginia. Although the problem of Pfiesteria-related fish kills is associated with the Mid-Atlantic region, other toxic microorganisms have threatened fish and marine wildlife throughout the world. Scientists attribute this "global epidemic" of toxic microbes to excessive nutrient loading from nonpoint sources of pollution.