This past January, the U.S. Supreme Court held that the Clean Water Act (CWA) did not authorize the federal government to prohibit a landfill operator from filling isolated ponds on its property…

Through the post-World War II era the U.S. Congress, by an incremental process of experimentation and error, developed the knowledge and experience that led to the imposition of individual permits…

For the last several years, federal circuit courts have debated the exact jurisdictional scope of §404 of the Clean Water Act (CWA), which authorizes the Secretary of the U.S. Army (the Army),…

Nearly three decades after enactment of the modern Clean Water Act (CWA), efforts to address the largest remaining source of water pollution—runoff and other types of aquatic ecosystem impairment…

Water scarcity is no longer a threat, it is a reality. Increasing populations throughout the country and the world are putting increased pressure on existing supplies of freshwater. Cities, states…

The 1999 National Nuclear Security Administration Act (NNSA Act) threatens to reverse 20 years of reforms and court decisions intended to bring the U.S. Department of Energy (DOE) into compliance…

adapted from Layla (by Eric Clapton and Jim Gordon)

What do we do when we get sued now

If the Supremes aren't on our side?

If we can't rely on standing constraints

Do…

In a recent article reviewing the U.S. Supreme Court's environmental decisions over the last 30 years (1969-1999), Professor Richard Lazarus argues that "the Justices have never fully appreciated…

In recent years, the western states have often struggled with the federal government over control and management of natural resources, particularly water. For its part, federal law defers to…

As law students frequently discover during exams, the law of standing is easy to state but hard to apply. The basic rules are simple and well-settled. Under Article III of the U.S. Constitution,…