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EPA Exercises Clean Water Act Section 404(c) Authority to Prohibit Controversial Pebble Mine in Bristol Bay
October 26th, 2021 — by Olivia Deans — Category: Clean Water Act

In September 2021, the Environmental Protection Agency (EPA) initiated steps to protect waters in Bristol Bay, Alaska. Under authority conferred by the Clean Water Act (CWA), the EPA initiated a CWA Section 404(c) action to prohibit the discharge of dredged or fill materials into certain waters within Bristol Bay, a watershed of approximately 900 square miles that supports the largest salmon fishery in North America.

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Letter from the Editor: Reflections on My National Sea Grant Law Center Fellowship
October 21st, 2021 — by Zachary Klein — Category: Miscellaneous

I remember exactly how I first learned about the National Sea Grant Law Center. It was during the last days of August 2018 and, fresh out of an internship with the Ocean Conservancy during my second summer of law school, I felt like I had finally found my calling.

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Maine’s New Recycling Law Makes Companies Pay for Recycling
October 14th, 2021 — by Betsy Lee Montague — Category: Miscellaneous

Many states are beginning to revisit their laws concerning plastic recycling, especially those that apply to manufacturers and retailers of plastic products. California, for example, recently enacted a slate of bills regulating recyclability and compostability claims on packaging, restricting exports of plastic scrap and updating the state's container redemption program. On the other side of the country, the governor of Maine signed into law LD 1541 (“An Act To Support and Improve Municipal Recycling Programs and Save Taxpayer Money”) on July 13, 2021, making Maine the first state to require companies that create consumer packaging to pay for the costs of its recycling through an Extended Producer Responsibility (“EPR”) law.

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Courts Uphold Rule Requiring Commercial Fishermen to Pay At-Sea Monitors
October 1st, 2021 — by Terra Bowling — Category: Fisheries

In two separate lawsuits, commercial herring fishermen have challenged a rule promulgated under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) requiring them to pay for at-sea monitors, also known as “fishery observers.” The U.S. District Court for the District of Columbia rejected a challenge to the rule from several New Jersey fishermen in June, and the U.S. District Court for the District of Rhode Island likewise rejected a separate challenge from several New England fishermen earlier this month. In both cases, the court concluded that the MSA allows industry-funded fishery observers.

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