Description: Clean Water Act Essentials, Third Edition by Joel M. Gross, Allison Rumsey, Ed McTiernan This is a practice-focused guide to the Federal WaterPollution Control Act, commonly known as the Clean Water Act--the primaryfederal statute regulating water pollution for the protection of the countryswater resources.Clean Water Act Essentials: Third Editionprovideslegal practitioners, consultants, and other interested individuals with anoverview of the CWAs complex framework of federal and state controls. Theauthors explain the statute and the 1972 Amendments that created a system ofpermits and regulations to govern the discharge of pollutants into the nationswaters and publicly owned treatment works, focusing on these uniform standardsand their implementation and enforcement.This quick overview covers all essential elements of the CleanWater Act:History of the Clean Water Act and AmendmentsNPDES permitting processTechnology-based standardsWater-quality-based effluent limitationsPublicly owned treatment works (POTW)Regulation of wetlandsDischarges and spills of oil and hazardous substancesWet-weather discharges from point sourcesReducing nonpoint source pollutionEnforcementClean Water Act Essentials: Third Editionincludestime-saving appendices, including an acronym list, FAQs, a list of key caseswith a one-sentence description of that case, glossary, and bibliography.Whether youre new or seasoned professional, youll find this a quick andnecessary resource for understanding the legal fundamentals of the CWA. FORMAT Paperback CONDITION Brand New Author Biography Allison Rumsey is a partner in the Washington, D.C., office of Arnold & Porter, and is a member of the firms Environmental Practice Group. She represents clients in state and federal regulatory enforcement actions, class action and citizen suit lawsuits, and business disputes. She represented BP in the Deepwater Horizon matter as it related to government enforcement under the Clean Water Act and Oil Pollution Act. She also represents a shipping company in the Huntington Bay oil spill. Allison also assists clients in navigating and, where there is litigation defending, the permitting process under the environmental laws applicable to large infrastructure and other projects. Prior to joining the firm, she was Counsel to the Assistant Attorney General, Environment and Natural Resources Division of the U.S. Department of Justice Ethan Shenkman is a partner in the Washington, D.C., office of Arnold & Porter, and is a member of the firms Environmental Practice Group. Nationally known for his work with climate change policy and energy transition, he advises on renewable fuels, carbon capture and sequestration, methane regulation, the phaseout of HFCs, and renewable energy permitting. He also regularly represents clients in trial and appellate court, and in regulatory matters before federal and state agencies. Prior to joining the firm, he served as Deputy General Counsel at the EPA and, prior to that, as Deputy Assistant Attorney General at the Environment and Natural Resources Division of the U.S. Department of Justice. Joel Gross is a senior counsel in the Washington, D.C., office of Arnold & Porter, and is a member of the firms Environmental Practice Group. Joel represents and advises clients in litigation and nonlitigation matters under federal and state environmental laws, with a special emphasis on compliance and enforcement issues. Prior to joining Arnold & Porter, he was chief of the Environmental Enforcement Section of the U.S. Department of Justice, where he handled and supervised many Clean Water Act matters. He also worked with EPA on policy and legislative initiatives related to the Clean Water Act. Ed McTiernan is a partner in the New York office of Arnold & Porter, and is a member of the firms Environmental Practice Group. He is an environmental litigator who focuses on state and federal regulatory issues, including site remediation, Brownfield redevelopment, natural resource damages, energy and infrastructure projects, as well as wastewater and stormwater permitting and defense of enforcement proceedings. Prior to joining the firm, he served as the Deputy Commissioner and General Counsel at the New York State Department of Environmental Conservation. Table of Contents iiiAbout the Authors vii1 Executive Summary 12 The History of the Clean Water Act 52.1 Foundations of the Modern Act 52.2 The 1972 Amendments: The New Clean Water Act 72.3 The 1977 Amendments 102.4 The 1987 Amendments 102.5 The Oil Pollution Act of 1990 112.6 Nonlegislative Developments 122.7 The Clean Water Act at 50 143 General Prohibition of Discharges 173.1 Introduction 173.2 The Prohibition Defined 173.3 Discharges to Navigable Waters through Groundwater 293.4 Exceptions to the Prohibition 304 National Pollutant Discharge Elimination System(NPDES) Overview 314.1 The NPDES Process 314.2 Exceptions to the NPDES Process 324.3 NPDES Administration 334.4 Applying for a Permit 364.5 Elements of a Permit 384.6 Section 401 Water Quality Certifications 414.7 Review of Permit Decisions 425 Technology-Based Standards 455.1 Introduction 455.2 The Range of Technology-Based Standards 475.3 Setting Effluent Limits 525.4 "Fundamentally Different Factors" (FDF) Variance 545.5 BAT Variances 566 Water Quality–Based Effluent Limitations 576.1 Introduction 576.2 History and Purpose of Water Quality-Based Effluent Limits 586.3 Establishing Water Quality-Based Effluent Limits (WQBELs) 596.4 Water Quality Trading Policy of 2003 677 Regulations of Publicly Owned Treatment Works 697.1 Introduction 697.2 Regulation of Discharges from POTWs 717.3 Regulation of Discharges to POTWs: Pretreatment Standards 767.4 Substantive Requirements of Pretreatment Program 807.5 POTW Pretreatment Program Variances and Removal Credits 827.6 Collection System Challenges 838 Regulation of Wetlands 858.1 Introduction 858.2 Jurisdictional Issues 878.3 Definitional Issues and Scope 888.4 Section 404 Permitting Process 928.5 Noncompliance and Enforcement 998.6 Challenges to Corps Determinations 1009 Discharges and Spills of Oil and Hazardous Substances 1039.1 Introduction 1039.2 Section 311(b)(3): The Prohibition of Discharges 1049.3 Notice Requirements for Oil and Hazardous Substance Spills 1079.4 The Consequences of a Prohibited Discharge 1089.5 The Prevention of Prohibited Oil Discharges 1119.6 A Summary of OPA 11210 Wet-Weather Discharges from Point Sources 11510.1 Regulation of Stormwater 11510.2 Application Requirements 12310.3 Combined Sewer Overflows 12410.4 Sanitary Sewer Overflows 12610.5 Integrated Planning 12711 Reducing Nonpoint Source Pollution 12911.1 Introduction 12911.2 Nonpoint Source of Pollution 13111.3 Nonpoint Source Pollution Addressed in the Clean Water Act 13211.4 Coastal Zone Act Reauthorization Amendments of 1990 13512 Enforcement 13712.1 Introduction 13712.2 Criminal Enforcement 13712.3 Civil Enforcement 14012.4 Administrative Enforcement 14612.5 Emergency Authorities 14712.6 State Enforcement 14812.7 Citizen Suits 14912.8 Defenses against Enforcement 152Table of Cases 155Index 161 Details ISBN1639052178 Author Ed McTiernan Publisher American Bar Association Year 2023 ISBN-13 9781639052172 Format Paperback Publication Date 2023-09-12 Imprint American Bar Association DEWEY 344.73046343 Audience General Pages 176 Place of Publication Chicago, IL Country of Publication United States US Release Date 2023-09-12 AU Release Date 2024-01-01 Illustrations Illustrations We've got this At The Nile, if you're looking for it, we've got it. 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