In August 1999 the Environmental Protection Agency (EPA) proposed regulations to clarify and strengthen the Total Maximum Daily Load (TMDL) program under section 303(d) of the Clean Water Act. Section 303(d) requires states to identify surface waters for which wastewater discharge limits are not stringent enough to achieve water quality standards and to allocate further required pollutant reductions among sources in order to attain those standards. This report discusses the major changes in EPA's proposals, compared with existing regulatory program requirements, and potential impacts on agriculture and forestry sources, which have been controversial.
This report discusses the final rule and the key modifications of the August 1999 proposal. The final rule builds on the current TMDL regulatory program and adds details, specific requirements, and deadlines. It retains the basic elements of the 1999 proposal for more comprehensive identification of impaired waters, schedules and minimum elements for TMDLs, and new public participation requirements. At the same time, dropped from the final rule are several provisions that were most controversial in the proposal, including some potentially affecting agriculture and forestry, one that would have required pollutant discharge offsets in some circumstances, and one that would have required states to identify waters threatened but not yet impaired by pollution
Gender-based discrimination, harassment, and violence against women in the home, workplace, and society at large are continuing topics of legislative and judicial concern. Legal doctrines condemning the extortion of sexual favors as a condition of employment or job advancement, and other sexually offensive workplace behaviors resulting in a "hostile environment," have evolved from judicial decisions under Title VII of the 1964 Civil Rights Act and related federal laws.
The Department of Defense operates six environmental programs: cleanup of past contamination at military facilities, acceleration of cleanup at military bases designated for closure, compliance with environmental laws and regulations that apply to ongoing military operations, pollution prevention, natural resource conservation, and environmental technology. In addition to these activities, the Department of Energy is responsible for managing defense nuclear waste and remediating contaminated sites. This report discusses the federal laws that established these programs, describes their scope and purpose, provides a history of appropriations, indicates the President’s budget request for FY2001, examines authorization and appropriations legislation for FY2001, and discusses other relevant legislation considered in the 106th Congress.
In May, 2000, the Supreme Court agreed to review this decision, raising the prospect of a major pronouncement on the non-delegation doctrine, the enforceability of the revised ozone standard, and the role of compliance costs in setting nationwide air quality standards.
The Posse Comitatus Act outlaws willful use of any part of the Army or Air Force to execute the law unless expressly authorized by the Constitution or an Act of Congress. History supplies the grist for an argument that the Constitution prohibits military involvement in civilian affairs subject to only limited alterations by Congress or the President, but the courts do not appear to have ever accepted the argument unless a violation of more explicit constitutional command could also be shown. The provision for express constitutional authorization when in fact the The constitution contains no such express authorizations has been explained alternatively as a meaningless political face-saving device or as an unartful reference to the President's constitutional powers.
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