In sum, in light of the lack of reasoned decisionmaking and apparent errors in the rule’s scope of certification, the indications that the rule contravenes the structure and purpose of the Clean Water Act, and that EPA itself has signaled it could not or will not adopt the same rule upon remand, significant doubt exists that EPA correctly promulgated the rule.
Legal Affairs Committee
Ruling: Upper Missouri Waterkeeper v. EPA – Ninth Circuit Opinion, 10.7.2021
An EPA presentation on the changes to Section 401 of the Clean Water Act.
News EPA Issues Final Rule Revising 401 Regulations This week, the Office of Water released the long-awaited final rule revising the water quality certification process, Clean Water Act Section 401… Read More »
New York and eight other states filed a challenge against EPA’s COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program policy, arguing the policy exceeds the agency’s authority and skirts statutory mandates to enforce environmental laws.The lawsuit challenges EPA’s March 26 guidance stating that the agency would exercise enforcement discretion if companies are unable to report or monitor pollution releases because the pandemic has disrupted their operations. The policy applies retroactively to March 13 and includes no end date.
ACWA’s comment letter to EPA requesting that the Agency engage in meaningful collaboration with states on EPA’s Interpretive Statement on Application of CWA NPDES Programs to Releases of Pollutants from… Read More »
ACWA’s written testimony submitted to the Senate Environment and Public Works Committee regarding the April 18, 2018 hearing entitled, The Appropriate Role of States and the Federal Government in Protecting Groundwater.
A brief description of the Court’s ruling on the Water Transfers Rule.
A summary of Duarte Nursery, Inc. v. United States Army Corps of Engineers, 2016 U.S. Dist.
CRR filed a petition for review with the DC Circuit asking that it overturns EPA’s MS4 general permit for New Hampshire.
NWEA filed suit against EPA over its alleged failure to respond to petition claiming Washington’s rules protecting aquatic life from toxic substances are out of date.