EPA is seeking comment on whether the Agency should reconsider its current position that consultation under ESA Section 7(a)(2) is not required when the EPA approves a State or Tribe’s request to assume the Section 404 dredged and fill permit program under Section 404(h) of the Clean Water Act (CWA).
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California v. Wheeler, N.D. Cal., No. 3:20-cv-03005, motion filed 5/18/20
California, New York and 15 other states are urging a federal district court to issue a preliminary national injunction blocking implementation of the Navigable Waters Protection Rule, warning the injunction is vital to “prevent widespread harm to national water quality.”
New York et al. v. EPA
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.
HR __, The Clean Water for All Act
The purpose of the bill is to reaffirm Congress’ commitment to restore and maintain the chemical, physical and biological integrity of the nation’s waters, as called for in the Clean Water Act (CWA) and to overturn the Trump administration’s WOTUS rule. The legislation directs the EPA and the Army Corps of Engineers to develop a new rule within two years of enactment to prevent degradation of surface water quality; increased contaminant levels in drinking water sources; increased flooding-related risks to human life or property; and disproportionate adverse impacts on minority or low-income populations.
America’s Water Infrastructure Act of 2020: Clean Water Provisions Summary
A summary of the Senate’s Water Infrastructure Act of 2020 – Title II: Clean Water.
NPDES eRule Readiness Dashboard Version 2 (beta)
GAO Request to Study HABS
A letter from Congress requesting the Government Accountability Office (GAO) investigate the federal government’s response to harmful algal blooms (HABs). The letter asks GAO to investigate the federal government’s response to HABs and hypoxia, including how it is helping state and local governments address the problem, what adaptation methods are being employed, and officials’ plans… Read More »
Final Rule: Navigable Waters Protection Rule
The EPA and Army Corps of Engineers published the final Navigable Waters Protection Rule in the Federal Register on April 21, 2020. The final rule defines the scope of waters federally regulated under the Clean Water Act. The rule will become effective on June 22, 2020.
Northern Plains Resource Council v. U.S. Army Corps of Engineers, No. 4:19-cv-00044-BMM (D. Mont.),
An order from the District Court in Montana regarding Nationwide Permit 12.
Coalition Letters Supporting USGS Streamgage Networks & Modernization
ACWA joined a broad coalition of groups supporting USGS streamgage networks and modernization efforts.These vital networks, managed within the USGS Groundwater and Streamflow Information Program, provide critical and life-saving information and serve the national interest with continuous streamflow information at over 8,400 locations. Additions to these networks are needed to adequately manage the Nation’s critical… Read More »
ACWA and ASDWA Request an Extension for Strengthening Transparency in Regulatory Science Notice
ACWA and ASDWA have co-signed on a request for a minimum of a 60 day extension to the comment period for EPA’s supplemental notice on the Strengthening Transparency in Regulatory Science proposed rulemaking.
OECA Memo on COVI-19 Implications for EPA’s Enforcement and Compliance Assurance Program
On March 26, 2020 Assistant Administrator Susan Bodine sighed a memo announcing a “temporary policy regarding EPA enforcement of environmental legal obligations during this time.” EPA plans to “exercise the enforcement discretion specified below for noncompliance covered by this temporary policy” resulting from the COVID-19 pandemic and that make a good faith effort to comply.… Read More »
