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…

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,…

Until the 1970s, federal and state laws did little to control the harmful water quality impacts of mining exploration, and mine wastes were regularly deposited wherever was convenient, including…

Agricultural biotechnology has generated much debate about the environmental consequences of field trials and commercialization of transgenic crops. Thus far, the debate has focused on opponents'…

For over two decades, courts and agencies have assumed that the Clean Water Act (CWA) grants the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps)…

Thirty years in the making, the total maximum daily load (TMDL) program of §303(d) of the Clean Water Act (CWA) has never seemed farther from implementation. As state governments increasingly have…

The U.S. Environmental Protection Agency (EPA) is in the process of redesigning the Clean Water Act's (CWA's) total maximum daily load (TMDL) program. Section 303 of the Act requires states and,…

Under the Wetland Conservation subtitle of the Food Security Act of 1985, as amended, commonly known as "Swampbuster," wetlands may be used to grow crops provided they are not degraded by this…