Editors' Summary

The debate between Justices Scalia and Breyer during oral argument in Winter v. NRDC examines whether an NEPA violation constitutes irreparable harm for the…

Editors' Summary: Since the Supreme Court's decision in Rapanos v. United States, courts, practitioners, and scholars have continued to discuss Justice Anthony M. Kennedy's significant nexus test…

Editors' Summary: On February 28, 2005, the U.S. Court of Appeals for the Second Circuit vacated and remanded portions of EPA's concentrated animal feeding operations (CAFO) rule. The ruling was…

I. Introduction and Overview

Traveling by water can conjure images of everything from goliath cruise ships to Huckleberry Finn's homemade raft. For some federal courts, however,…

Under the public welfare doctrine, certain regulatory crimes require no showing of the traditional mens rea, or "guilty mind," as a predicate to criminal liability. The doctrine has been used to…

In the wake of the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), courts have scrambled to reevaluate the scope and…

This Article investigates the murky regulatory world of stormwater pollution. Nonpoint source pollution has been described as the most significant water quality problem facing the United States.…

Few commentators doubt the value of clean, unadulterated waters teeming with varied and colorful aquatic life. The debate centers instead on more pragmatic concerns, that is, how to best…

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).…

The last 18 months have produced particularly interesting juridical and administrative pronouncements in the areas of Clean Water Act (CWA or Act) jurisdiction, permits, standards, citizen suits,…