February 08, 2013 | The Legal Intelligencer
Federal Court Limits EPA Regulation of StormwaterThe goal of the federal Clean Water Act (CWA) is to restore and maintain the chemical, physical and biological integrity of our nation's waters. To date, the CWA has been effective in improving water quality in many waterbodies.
By Kenneth J. Warren
9 minute read
November 09, 2012 | The Legal Intelligencer
Hurricane Sandy and Environmental StewardshipDuring the last week of October, the National Weather Service made increasingly alarming predictions about the path of Hurricane Sandy. After causing deaths and severe property damage in Haiti and Cuba, the Frankenstorm, as some called this Halloween-week hurricane, was expected to travel up the Atlantic coast of the United States.
By Kenneth J. Warren
10 minute read
September 14, 2012 | The Legal Intelligencer
Aggregating Air Emissions From Multiple LocationsIt may seem overly technical to dwell on the exact meaning of the term industrial facility. A facility is readily conceived as one or more structures within a designated area surrounded by a fence or other clearly demarcated border.
By Kenneth J. Warren
10 minute read
July 13, 2012 | The Legal Intelligencer
3rd Circuit OKs Project to Deepen the Delaware RiverOn a hot summer weekend, Philadelphians rush across the Ben Franklin and Walt Whitman bridges to the Jersey Shore while paying scant attention to the water flowing below them.
By Kenneth J. Warren
10 minute read
March 09, 2012 | The Legal Intelligencer
Controlling Nutrient Pollution: Difficulties in Establishing CriteriaNutrients in the form of nitrogen and phosphorous are essential for healthy plants and animals. Occurring naturally in the environment, nutrients are contained in the food that we eat, the fertilizers that we apply to our farms and the rivers that supply our drinking water. Without nutrients, life as we know it would not exist.
By Kenneth J. Warren
10 minute read
July 15, 2010 | The Legal Intelligencer
Judicial Review Under NEPA: A Look at Two Recent DecisionsWhen the framers of the Constitution divided authority among the executive, judicial and legislative branches of government, they did not establish administrative agencies as a fourth branch. Nevertheless, today many governmental functions are performed by federal administrative agencies, which have an unclear relationship with the three traditional branches of government. Even executive branch administrative agencies at times have an uncertain relationship with the legislative and judicial branches.
By Kenneth J. Warren
10 minute read
May 21, 2010 | The Legal Intelligencer
The Federal Strategy to Restore the Chesapeake Bay WatershedOn May 12, 2010, the Federal Leadership Committee for the Chesapeake Bay released its strategy for protecting and restoring the Chesapeake Bay Watershed. Formed by Executive Order 13508, the Federal Leadership Committee includes the U.S. Environmental Protection Agency and the Departments of Agriculture, Commerce, Defense, Homeland Security, Interior and Transportation. The bay strategy is designed to fulfill the federal government's commitment to restore the Chesapeake Bay and to present a model for environmental protection and restoration efforts in other watersheds throughout the nation.
By Kenneth J. Warren
9 minute read
September 16, 2011 | The Legal Intelligencer
EPA Proposes Revised Rules to Regulate Hazardous Waste RecyclingOn July 22, the U.S. Environmental Protection Agency published in the Federal Register a proposal to revise its Definition of Solid Waste rule.
By Kenneth J. Warren
9 minute read
November 19, 2009 | The Legal Intelligencer
Common Law Challenges to Greenhouse Gas EmissionsIn 2007, the U.S. Supreme Court held that the EPA had the legal authority to regulate carbon dioxide and other greenhouse gases as pollutants under the Clean Air Act in Massachusetts v. EPA.
By Kenneth J. Warren
10 minute read
March 19, 2009 | The Legal Intelligencer
EPA Proposes Mandatory Reporting of Greenhouse GasesDuring the recent presidential campaign, President Obama advocated passage of cap-and-trade legislation to control emission of greenhouse gases, or GHGs.
By Kenneth J. Warren
9 minute read
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