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Regulating Water Transfers in the Wake of Catskill Mountains Chapter of Trout Unlimited, Inc. v. EPA: Examining Alternatives to NPDES Permits

In January 2017, the Second Circuit upheld the U.S. Environmental Protection Agency’s (EPA) Water Transfers Rule (Rule), reversing a decision by the Southern District of New York to vacate the Rule and remand the matter to the EPA.1 The decision in Catskill IV was greeted as a victory by many western states and water management districts, but was a disappointment for environmental organizations and downstream states that had intervened as plaintiffs.

Mar 29, 2020
Mary Rassenfoss

A Proposal to Increase Public Participation in CERCLA Actions through Notice

Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to address hazardous substances releases from industrial operations. Although the statute was meant to provide communities with a means of self-protection, CERCLA actions are often commenced by a government agency against a polluter or a group of potentially responsible parties (PRPs) without substantial input from the community threatened by the hazardous waste.

Mar 29, 2020
Kaela Shiigi

Combatting Lake Invaders: A Proposal for Ballast Water Standards to Save the Great Lakes from Invasive Species

Since 1972, the Clean Water Act has been a powerful tool for regulating waterborne pollutants. Despite the success of the Clean Water Act in mitigating water pollution, unforeseen challenges arise when regulators use the Clean Water Act to regulate nonconventional pollutants, including invasive species. Invasive species continue to wreak havoc on North American ecosystems, notably the Great Lakes.

Mar 29, 2020
Katie Sinclair

Vindicating Public Environmental Interest: Defining the Role of Environmental Public Interest Litigation in China

Chinese environmental public interest litigation has assumed increasing attention and significance in recent years. By simply granting standing to public authorities and environmental groups to challenge “acts of polluting or damaging the environment that have harmed the public interest,” the amended Civil Procedure Law of 2012 and Environmental Protection Law of 2014 created an amorphous and ambiguous liability regime.

Mar 29, 2020
Juan Chu