40 CFR 125.1 - Purpose and scope

Cite as40 CFR 125.1
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19 practice notes
  • The Navigable Waters Protection Rule: Definition of “Waters of the United States”
    • United States
    • Army, Corps Of Engineers Department
    • Invalid date
    ...streams which are utilized for industrial purposes by industries in interstate commerce. 38 FR 13528, 13529 (May 22, 1973) (codified at 40 CFR 125.1 In 1974, the Corps issued its first set of regulations defining ``waters of the United States'' for the purpose of implementing section 404 of......
  • Sierra Club, Lone Star Chapter v. Cedar Point Oil Co. Inc., Nos. 94-20461
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 11, 1996
    ...field exploration, drilling, and well completion and treatment in "any body of water landward of the territorial seas as defined in 40 C.F.R. 125.1(gg), or any wetlands adjacent to such waters." 40 C.F.R. Secs. 435.40, 14 40 C.F.R. Sec. 435.42. 15 The CWA requires that a person bringing an ......
  • Appalachian Power Co. v. Train, Nos. 74-2096
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • August 31, 1976
    ...under construction. In addition, it owns the conservation storage in six federal reservoirs along the tributaries of the Brazos. 40 40 CFR § 125.1(p). 41 33 U.S.C. § 42 Development Document at 2. 43 Development Document at 496. 44 Id. 45 33 U.S.C. § 1316(a)(1). 46 We similarly reject EPA's ......
  • Montgomery Environmental Coalition v. Costle, Nos. 79-1183
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • October 8, 1980
    ...of municipal sewage or industrial wastes of a liquid nature, including waste in combined storm water and sanitary sewer systems. 40 C.F.R. § 125.1(hh) (1975), 38 Fed.Reg. 13528, 13530 (1973) (emphasis added). Since a sewage overflow point is not for "storage, treatment, recycling, or reclam......
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15 cases
  • Sierra Club, Lone Star Chapter v. Cedar Point Oil Co. Inc., Nos. 94-20461
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 11, 1996
    ...field exploration, drilling, and well completion and treatment in "any body of water landward of the territorial seas as defined in 40 C.F.R. 125.1(gg), or any wetlands adjacent to such waters." 40 C.F.R. Secs. 435.40, 14 40 C.F.R. Sec. 435.42. 15 The CWA requires that a person bringing an ......
  • Appalachian Power Co. v. Train, Nos. 74-2096
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • August 31, 1976
    ...under construction. In addition, it owns the conservation storage in six federal reservoirs along the tributaries of the Brazos. 40 40 CFR § 125.1(p). 41 33 U.S.C. § 42 Development Document at 2. 43 Development Document at 496. 44 Id. 45 33 U.S.C. § 1316(a)(1). 46 We similarly reject EPA's ......
  • Montgomery Environmental Coalition v. Costle, Nos. 79-1183
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • October 8, 1980
    ...of municipal sewage or industrial wastes of a liquid nature, including waste in combined storm water and sanitary sewer systems. 40 C.F.R. § 125.1(hh) (1975), 38 Fed.Reg. 13528, 13530 (1973) (emphasis added). Since a sewage overflow point is not for "storage, treatment, recycling, or reclam......
  • Save Our Sound Fisheries Ass'n v. Callaway, Civ. A. No. 5297.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Rhode Island
    • March 5, 1974
    ...be unlawful." "Pollutant" is defined in the applicable statutes and regulations to include "dredged spoil," see 33 U.S.C. § 1362(6); 40 C.F.R. § 125.1(X) (38 Fed.Reg. 13529 (1973)). Nowhere in the Act are agencies of the United States Government, including the Corps, explicitly excluded fro......
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2 books & journal articles
  • Navigable Waters
    • United States
    • Plain meaning, precedent, and metaphysics: interpreting the elements of the clean water act offense
    • October 24, 2017
    ...channels and harbors. Private landclearing activities to convert wetlands to other uses are not “Federal dredging projects.” 82. 40 C.F.R. §125.1(o), 38 Fed. Reg. 13528, 13529 (May 22, 1973). 138 Plain Meaning, Precedent, & Metaphysics protect wetlands acknowledges that the section was ......
  • Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Navigble Waters' Element of the Clean Water Act Offense
    • United States
    • Environmental Law Reporter Nbr. 45-6, June 2015
    • June 1, 2015
    ...channels and harbors. Private landclearing activities to convert wetlands to other uses are not “Federal dredging projects.” 86. 40 C.F.R. §125.1(o), 38 Fed. Reg. 13528, 13529 (May 22, 1973). 87. See Charles D. Abalard & Charles Boru O’Neill, Wetlands Protection and Section 404 of the F......

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