In the South Carolina countryside, a dispute over “citizen suits” under the Clean Water Act

In the South Carolina countryside, a dispute over “citizen suits” under the Clean Water Act

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

The Clean Water Act allows private actors to sue someone for polluting a water system. But the act prevents these so-called citizen suits if the government is already enforcing the law. This week, we highlight cert petitions that ask the court to consider, among other things, what level of state … Read the rest

FDA’s new proposed food-safety ag water rule no slam dunk

– COMMENTARY –

“Like getting the rug pulled out from under us.” That’s how some farmers react when hearing about the FDA’s sudden and unexpected change in food safety requirements for the use of agricultural water before harvesting a crop. 

The original compliance date was January 2022, but the Food and Drug Administration has delayed it.

Because agricultural water can be a major pathway for pathogens, the Food Safety Modernization Act’s produce ag-water rule originally established microbial quality standards for … Read the rest

Water and electric quarrels test the limits of tribal power

Water and electric quarrels test the limits of tribal power

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Native American tribes have a patchwork of rights over utilities on tribal land. These rights flow from the original treaties that tribes negotiated with Congress as well as modern contracts between tribal members and non-members. This week, we highlight cert petitions that ask the court to consider, among other things, … Read the rest

Five-justice majority restores Trump-era policy on water pollution, provoking more criticism of emergency docket

Five-justice majority restores Trump-era policy on water pollution, provoking more criticism of emergency docket

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A divided Supreme Court on Wednesday reinstated a Trump-era environmental policy that makes it harder for states to block projects that may cause water pollution. The unsigned and unexplained decision prompted Chief Justice John Roberts to join the court’s three liberal justices in criticizing the majority’s use of the emergency docket.

The court’s decision “renders the Court’s emergency docket not for emergencies at all,” Justice Elena Kagan wrote in dissent. “The docket becomes only another place for merits determinations … Read the rest