Enforcement of the Clean Water Act

The following MP3 was recorded on September 6, 2007.

Jonathan H. Adler, M. Reed Hopper, Patrick A. Parenteau, Robert V. Percival, Steven J. Eagle

In the 2006 plurality decision in Rapanos v. United States, the Supreme Court limited the scope of the Clean Water Act’s protection of “navigable waters” to only include those bodies of water that are “permanent, standing or continuously flowing,” and thus did not apply to channels through which water flows only some of the time. In the wake of the Rapanos decision, Rep. James Oberstar (MN) has sponsored the Clean Water Restoration Act of 2007 that would “fix the Clean Water Act,” according to the Congressman’s website. This legislation would allow the Environmental Protection Agency and the U.S. Army Corps of Engineers to enforce the Clean Water Act on wetlands, streams and ponds that are not part of a major “navigable” waterway.

http://www.fed-soc.org/publications/pubid.370/pub_detail.asp

The Control and Uncontrol of Nature

6/26/2007 - Hot Topics Lecture by Oliver Houck

The rise and fall of coastal Louisiana, and whether we can put it back together again. A story of nature, hubris, heroic engineering, unpardonable errors, and willful ignorance. Which brings us to a crossroads: more heroic feats of engineering. Or … what?

http://it.vermontlaw.edu/HTLectures07/HTJun26_2007.mp3

http://it.vermontlaw.edu/HTLectures07/HTJune26_2007_postLecture.mp3

The Legislature Shall Make No Law… Montana’s Fundamental Right to a Clean and Healthful Environment

6/21/2007 - Hot Topics lecture by Jack Tuholske

This talk will address Montana’s constitutional right to a clean and healthful environment, the strongest provision of any state constitution, as it has been defined by the Montana Courts.  Tuholske will touch upon a number of pending cases in the areas of land use, tort law, and air quality.

http://it.vermontlaw.edu/HTLectures07/HT_Jun21_2007.mp3

Environmental Defense v. Duke Energy Corp.

6/19/2007 - Hot Topics Lecture by Randy Hill

In April, the Supreme Court ruled 9-0 to allow Clean Air Act lawsuits files by the United States against coal-fired electric utilities to go forward.  These suits seek installation of modern pollution control equipment to limit emissions of sulfur dioxide and nitrogen oxides.  Hill, who helps to oversee EPA’s Clean Air Act enforcement efforts, will analyze the decision and its impact on clean air.

http://it.vermontlaw.edu/HTLectures07/HotTopicsJune19_2007-24.mp3

Sustainable Development - A Practical Approach

8/1/06 Hot Topics Lecture by Lea Swanson.

Drawing on fieldwork in Bolivia, Africa, and Papua New Guinea, Swanson will explore the challenges and opportunities of a global NGO working with business, government, and local NGos to make a positive contribution to advancing sustainable development.

http://it.vermontlaw.edu/HTlectures06/HT_Aug01_06.mp3

California’s Marine Life Protection Act: A Report from the Front on the Central Coast

7/25/06 Hot Topics Lecture by Scott McCreary.

California’s Marine Life Protection Act calls for creation of a statewide network of Marine Protected Areas by 2011.  A state-private partnership supports this effort, with California’s biologically diverse and politically contentious Central Coast as the pilot study area.

http://it.vermontlaw.edu/HTlectures06/HT_Jul25_06.mp3

A Snowball In Hell, or, How The Arctic Was Won

7/20/06 Hot Topics Lecture by Peter Van Tuyn.

The 2005 fight to protect the Arctic Refuge was won in the face of incredible odds.  An overview of the legal, media, and grassroots efforts that upset universal truths on Capitol Hill and resulted in a huge defeat for the Bush administration and pro-drillers in Congress, with up-to-the-minute news on the effort to drill this year.

http://it.vermontlaw.edu/HTlectures06/HT_Jul20_06.mp3

Agri-environmental Conflicts and Complementarities: Are the Old and New Worlds Different?

7/19/06 Hot Topics Lecture by Ian Dodge.

In world trade talks, Europe and Japan are often accused of unfairly subsidizing their farmers. They say that they’re using agricultural policies in support of the environment and other public goods. Is the relationship between agriculture and the environment different in Old World countries?

http://it.vermontlaw.edu/HTlectures06/HT_Jul19_06.mp3

Global Warming in the American Press: Covering the Skeptics

7/18/06 Hot Topics Lecture by Cynthia Henry.

Has the journalistic inclination to seek “balance” on global warming misrepresented scientific uncertainty to the advantage of those opposed to curbing greenhouse gases? Is the public now informed or more confused? This lecture will address how American journalists have struggled to cover an issue that defies the norms of breaking news.

http://it.vermontlaw.edu/HTlectures06/HT_Jul18_06.mp3

The Roberts Court and the Clean Water Act, Part II

7/13/06 Hot Topics Lecture by Kim Connolly and Patrick Parenteau.

Rapanos v. U.S. and Carabell v. Army Corps of Engineers address the extent of federal jurisdiction over wetlands and tributaries. Do these decisions protend a radical overhaul of federal environmental law or just tinkering at the edges?

http://it.vermontlaw.edu/HTlectures06/HT_Jul13_06.mp3

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