By Lewis Perdue The Rapanos v. United States decision — which currently dominates debate about federal jurisdiction and enforcement actions — acknowledges that even the Supreme Court has not been able to figure out definitively how to define many provisions under the Clean Water Act (CWA) such as whether a dry stream bed or land […]
How does soil become a pollutant? And a plow a “point source” of pollution?
By Lewis Perdue CWA Violation On its face, the Clean Water Act (CWA) is very clear that a violation consists of: The discharge of, A pollutant into, Waters of the United States. Permits and Exemptions Legalize Pollution The CWA does legalize a regulated amount of pollution in two cases: If a permit is first obtained […]
Ag exemptions to the CWA law and as interpreted by Courts, EPA & Army Corps of Engineers
By Lewis Perdue Many activities within an area designated as part of the Waters of the United States (WOTUS) require a permit from the Corps of Engineers. However, the Clean Water Act specified a number of farming exemptions. One of the basic issues for farmers is to determine whether they need an exemption at all. […]
Clean Water Act Permits: Expensive, time-consuming, uncertain
By Lewis Perdue There is no nationwide land parcel registry or map that specifies whether a given field or plot of land is part of the Waters of the United States (WOTUS). Because land does not have to have water on it to be part of WOTUS, the process can be confusing. (See: Trying To […]
Dire consequences face every farmer & landowner who fails to grasp the vast and vague regulation of the Clean Water Act
Introduction This is the first in a series of articles examining the often unclear issues and the consequences for farmers, other land owners and the environment. Originally passed by Congress to address industrial dumping of chemicals and other hazardous substances, the Clean Water act has become a major and expensive problem for farmers and even […]
Wine Club pioneer Global Wine Company “decommissions” itself, sources say it has been acquired by a competitor.
August 19, 2016
The high-profile, wine expert-driven wine shipper, Global Wine Club (GWC) of San Rafael has “decommissioned “itself and may have been acquired by a competitor. The sale and “decommissioning” may have been hastened by increased competition in the direct-to-consumer market and by the New York State Liquor Authority’s aggressive campaign against direct shipments. GWC failed to […]