This book provides definitive and comprehensive analyses and understandings of each of the first four elements of a Clean Water Act offense: addition, pollutant, navigable waters, and point source. Disputes over the interpretations of these statutory terms have produced a steady stream of reported decisions since the initial implementation of the statute. Even after four decades, many of these issues are unresolved and new issues continue to arise. Judicial decisions and interpretations, however, are not the only materials ...
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This book provides definitive and comprehensive analyses and understandings of each of the first four elements of a Clean Water Act offense: addition, pollutant, navigable waters, and point source. Disputes over the interpretations of these statutory terms have produced a steady stream of reported decisions since the initial implementation of the statute. Even after four decades, many of these issues are unresolved and new issues continue to arise. Judicial decisions and interpretations, however, are not the only materials studied for the analyses in this volume. Significant legislative history and administrative interpretations are analyzed as well. This book also examines what, if anything, can be learned about the process of statutory interpretation itself from studying the interpretations of the elements. Plain Meaning, Precedent, and Metaphysics: Interpreting the Elements of the Clean Water Offense is a must have for those who practice water law, those who teach it, and those who study it. In addition to offering in-depth analyses of each of the core elements of a CWA offense, the book provides readers useful tables and charts to better understand statutory interpretation in this continuously evolving area of law.
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