eltc - The Environmental Law Teachers Clearinghouse
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Appeals, Judicial Review and Enforcement
aws
Clean Water Act - Including
Section 309
,
Section
404
and
Section 505
28 USC 2401 (Statute of Limitations - Suits v. the U.S.)
28 U.S.C. 2462 (General Statute of Limitations for Enforcement Actions)
U.S. Constitution, 7th Amendment
Regulations
Corps Regulations - including
33 CFR Part 326
and
33 CFR Part 331
DOJ Regulations re: Consent Decrees - 28 CFR 50.7
EPA Regulations - including
40 CFR Part 22
and
40 CFR Part 135, Sub Part A
Other Resources
Clean Water Act Citizen Suit Primer and Model Complaint - Stack & Associates
Corps Videos Describing the Adminstrative Appeal Process
Corps Flow Chart of Appeal Process for
Permit Decisions
and for
Approved Jurisdictional Determinations
Department of Justice Environment and Natural Resources Division Proposed Consent Decrees
EPA Compliance Order in
Sackett
EPA Criminal Enforcement Web Page
EPA Environmental Appeals Board
EPA Region 1 Citizen Violation Report Form
EPA Region 9 Compliance Web Page
EPA Region 9 Wetlands Enforcement Web Page
EPA Wetland Enforcement Web Page
EPA Enforcement Web Page
EPA - Summary of Case Settlements
Example of Clean Water Act Citizen Suit Complaint -
Quad Cities Waterkeeper
Example of an EPA Compliance Order
Example of a Wetlands Enforcement Consent Decree
Sackett v. EPA Oral Argument Audio
Search EPA Database of Criminal Prosecutions
U.S. Environmental Protection Agency, Section 404 Enforcement
.
Policies and Reports
EPA‘s Section 404 Civil Penalty Policy
EPA
Sackett
Guidance
U.S. Army Corps of Engineers, RGL 06-01, Determining the Timeliness of Requests for Appeal
U.S. Army Corps of Engineers and U.S. Environmental Protection Agency, Guidance on Judicial Civil and Criminal Enforcement Priorities (Dec. 1990)
U.S. Department of Justice, Environment and Natural Resources Division, Factors in Decisions on Criminal Prosecutions for Environmental Violations in the Context of Significant Voluntary Compliance or Disclosure Efforts by the Violator (July 1, 1991)
U.S. Environmental Protection Agency & U.S. Army Corps of Engineers, Memorandum of Agreement: Federal Enforcement for the Section 404 Program of the Clean Water Act (Jan. 19, 1989)
U.S. Environmental Protection Agency, Office of Inspector General, EPA Needs a Better Strategy to Identify Violations of Section 404 of the Clean Water Act (2009)