40 C.F.R. §125.1 - Purpose and scope
| Cite as | 40 C.F.R. §125.1 |
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16 cases
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Save Our Sound Fisheries Ass'n v. Callaway, Civ. A. No. 5297.
...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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Appalachian Power Co. v. Train, s. 74-2096
...third 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. § 1251(a).42 Development Document at 2.43 Development Document at 496.44 Id.45 33 U.S.C. § 1316(a)(1).46 We similarly rejec......
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United States v. Frezzo Bros., Inc., Crim. No. 78-218.
...have met neither prong of the Frady test. They were represented by competent counsel and have not shown that the failure to raise the 40 C.F.R. § 125.1, et seq. defense amounted to ineffective assistance of counsel, see p. 725, infra. Nor have defendants shown any other good reason for thei......
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Montgomery Environmental Coalition v. Costle, s. 79-1183
...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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2 books & journal articles
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Navigable Waters
...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 not ......
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Plain Meaning, Precedent, and Metaphysics: Interpreting the 'Navigble Waters' Element of the Clean Water Act Offense
...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 Feder......