Requirements for permitting

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80 cases
  • Ohio VALLEY Envtl. Coal. INC. v. COAL-MAC INC., CIVIL ACTION NO. 3:10-0833
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • March 31, 2011
    .... . .." Bragg v. W. Va. Coal Ass'n, 248 F.3d 275, 294 (4th Cir. 2001) (quoting Arkansas v. Oklahoma, 503 U.S. 91, 110 (1992)); see also 40 C.F.R. 123.25. The delineation between what falls within the purview of the State and what can be enforced under federal law is not as clear cut as Plai......
  • Seattle v. The Pollution Control Hearings Board, No. 73419-4 (WA 5/14/2004), 73419-4
    • United States
    • United States State Supreme Court of Washington
    • May 14, 2004
    ...NPDES permits to contain conditions requiring compliance with state water quality standards. 40 C.F.R. sec. 122.44(d)(1); see also 40 C.F.R. sec. 123.25(a)(15). Therefore, the NPDES permitting system and the sec. 401 certification share a purpose; both must ensure compliance with state wate......
  • Arkansas v. Oklahoma Environmental Protection Agency v. Oklahoma, s. 90-1262
    • United States
    • United States Supreme Court
    • February 26, 1992
    ...33 U.S.C. § 1341(a)(2). 10. This restriction applies whether the permit is issued by the EPA or by an approved state program. See 40 CFR § 123.25 (1991). 11. See, e.g., 1 Legislative History of Water Pollution Control Act Amendments of 1972 (Committee Print compiled for the Senate Committee......
  • McClellan Ecological Seepage v. Weinberger, CIV S-86-475-RAR.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • June 20, 1988 in the permit" in excess of specified levels. These sections are specifically made applicable to state NPDES programs through 40 C.F.R. § 123.25. As these provisions make clear, discharges of volatile organics are not automatically prohibited just because they are not specifically a......
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