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California Is Filling The Gaps In The Clean Water Act

Law360 (May 24, 2019, 2:33 PM EDT) -- It has been almost half a century since the modern Clean Water Act was enacted. During that entire period, the scope of federal authority under the statute has been subject to competing court decisions, agency policies, state regulation and scholarly interpretation.

As a result, companies, property owners, municipalities and even state and federal regulators have been left to consider on their own the parameters of federal authority that have not been clearly delineated. Whether a Clean Water Act permit is required for certain waste water discharges, whether an area is a wetland subject to the act or whether a discharge to...

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