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New Ground: The Advent of Local Environmental Law presents a collection of papers examining local environmental law and its strategic role in shaping an appropriate response to a new generation of environmental and land use challenges. Contributors are distinguished scholars and practitioners who have written casebooks and articles on land use and environmental law, served in federal, state, and local administrations or national bar and planning association committees, or prepared national treatises on the subject.
In 2023, the Supreme Court made one of its most devastating rulings in environmental history. By narrowing the legal definition of ‘waters of the United States’ (WOTUS), the court opened the floodgates to unregulated pollution. But while tremendously consequential, the decision was also simply the latest in a long series of battles over WOTUS, and which rivers, streams, lakes, ponds, wetlands, and perhaps even farm fields were to be protected by the Clean Water Act of 1972. Waters of the United States is an unprecedented exploration of this history—and its importance for today’s efforts to conserve a critical natural resource. The book not only examines how bodies of water are legall...
The city of Pittsburgh and surrounding area of southwestern Pennsylvania face complex water quality problems, due in large part to aging wastewater infrastructures that cannot handle sewer overflows and stormwater runoff, especially during wet weather. Other problems such as acid mine drainage are a legacy of the region's past coal mining, heavy industry, and manufacturing economy. Currently, water planning and management in southwestern Pennsylvania is highly fragmented; federal and state governments, 11 counties, hundreds of municipalities, and other entities all play roles, but with little coordination or cooperation. The report finds that a comprehensive, watershed-based approach is needed to effectively meet water quality standards throughout the region in the most cost-effective manner. The report outlines both technical and institutional alternatives to consider in the development and implementation of such an approach.
Under the Clean Water Act, development that results in the permanent destruction of wetlands must, in most cases, be mitigated by the creation of a new wetland or the restoration of a degraded one. In recent years, the concept of "mitigation banking" has emerged. Rather than require developers to create and maintain wetlands on their own on a quid pro quo basis, mitigation banking allows them to pay for wetlands that have been created and maintained properly by others to compensate for their damage. The contributors to this volume provide an overview of mitigation banking experience in the United States, examine the key issues and concerns -- from providing assurances to determining the value of credits -- and describe the practice of developing and operating a mitigation bank. Topics include: history and current experience of mitigation banking policies and concerns of local, state, and federal agencies economics of mitigation banking funding, management, and operation of banks starting a mitigation bank