News Sixth Circuit Rules in Two Hydrologic Connection Cases, Setting Up Circuit Split This week, the Sixth Circuit issued its decisions in Tennessee Clean Water Network v. Tennessee Valley Authority and Kentucky Waterways Alliance v. Kentucky Utilities. In both decisions, the court found 2-1 that indirect release of pollutants such as coal ash seepage into groundwater… Read More »
Weekly Wrap
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ACWA Weekly Wrap Vol. IX, Issue 34 (Week of September 17, 2018)
News AWRA Hosts Webinar on Groundwater Hydrologic Connection On Wednesday, September 19, the American Water Resources Association hosted a webinar on discharges to groundwater that lead to surface water through hydrologic connections. Speakers included Marcia Greenblatt, an engineer with Integral Consulting out of Colorado, and Kathy Robb, an attorney with Sive, Paget & Riesel out… Read More »
ACWA Weekly Wrap Vol. IX, Issue 33 (Week of September 10, 2018)
News ECOS Officers Announced This year is the 25th Anniversary for the Environmental Council of States (ECOS). New officers this year include: President Becky Keogh, Director of the Arkansas Department of Environmental Quality; Vice President Jim Macy, Director of the Nebraska Department of Environmental Quality; and Secretary-Treasurer Patrick McDonnell, Secretary of the Pennsylvania Department of… Read More »
ACWA Weekly Wrap Vol. IX, Issue 32 (Week of September 3, 2018)
News EPA Needs Comprehensive Vision for Citizen Science This week the EPA Office of Inspector General (OIG) released a report that “[a]lthough citizen science is carried out throughout the EPA, the agency has not developed controls necessary to manage citizen science agency-wide, including a clear vision and objectives for using results. Absent this, the EPA… Read More »
ACWA Weekly Wrap Vol. IX, Issue 31 (Week of August 27, 2018)
News OECA Refocuses Priorities On Compliance On August 21, 2018 Susan Bodine, Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA) issued a memo to the Regional Administrators formally informing them of OECA’s decision to move away from National Enforcement Initiatives to National Compliance Initiatives. “The EPA intends to evolve the National Enforcement… Read More »
ACWA Weekly Wrap Vol. IX, Issue 30 (Week of August 20, 2018)
News Federal District Judge rules against WOTUS Applicability Date Rule Last week, on August 16th, Judge David C. Norton of the US District Court for the District of South Carolina struck down the EPA’s WOTUS “applicability date rule” as arbitrary and capricious in South Carolina Coastal Conservation League et al., v. Andrew Wheeler, et al.… Read More »
ACWA Weekly Wrap Vol. IX, Issue 29 (Week of August 6, 2018)
News ACOE Issues Memo Clarifying Sec. 404 Assumption The U.S. Army today released a memorandum taking initial steps to empower States and tribes in assuming Section 404 permit authority under the Clean Water Act (CWA). In taking on this authority, States and tribes can accelerate job-creating economic development and infrastructure, all while continuing to protect… Read More »
ACWA Weekly Wrap Vol. IX, Issue 28 (Week of July 30, 2018)
News Acting Administrator Wheeler Testifies Before Senate Environment and Public Works Committee Acting Administrator Wheeler testified before the Senate Committee on Environment and Public Works this week. The hearing was more cordial than previous hearings with his predecessor with praise for his first 25 days as acting administrator from both the majority and minority parties. Acting… Read More »
ACWA Weekly Wrap Vol. IX, Issue 27 (Week of July 23, 2018)
News CWIS Rule Upheld On July 23, 2018 the 2nd Circuit Court of Appeals issued a decision denying all petitioners’ requests to overturn and remand the Environmental Protection Agency’s (EPA) Cooling Water Intake Structure (CWIS) rule. The final CWIS rule promulgated by the EPA in August of 2014 and challenged by the Petitioners applies to… Read More »
ACWA Weekly Wrap Vol. IX, Issue 26 (Week of July 16, 2018)
News EPA to Modify CGP EPA’s Construction General Permit (CGP), which covers stormwater discharges from certain construction activities, became effective on February 16, 2017. The National Association of Home Builders and the Chesapeake Bay Foundation filed suit on the permit in the D.C. Circuit. Related to discussions with these two groups, EPA intends to provide… Read More »
ACWA Weekly Wrap Vol. IX, Issue 25 (Week of July 9, 2018)
News EPA publishes WOTUS SNPRM in Federal Register EPA and The Department of the Army have officially published, in the Federal Register, the Supplemental Notice of Proposed Rulemaking regarding recodification of the Pre-existing WOTUS rule — i.e. “Step 1” of the Administration’s repeal and replace reforms. You can see the official notice here. This means… Read More »
ACWA Weekly Wrap Vol. IX, Issue 24 (Week of June 25, 2018)
News PFAS Community Engagement Event Information Released EPA announced more details for their next PFAS Community Engagement Event in Horsham, Pennsylvania on July 25th. Additionally, locations for future engagement events include Fountain, Colorado and North Carolina. More details for these two events will be announced soon. More information and meeting materials from the first engagement event… Read More »
