ACWA brings together environmental legal practitioners from the public and private sectors with state water quality program staff to discuss and share information on the latest Clean Water Act (CWA) litigation and regulatory developments.
Legislation, Regulation and Litigation
The Water Transfers Rule Upheld
A brief description of the Court’s ruling on the Water Transfers Rule.
Internal EPA Memorandum – “FY2018 President’s Budget: Majory Policy and Final Resource Decisions”
Internal EPA memorandum leaked to news media providing details on which EPA program should be eliminated, reduced, or expanded as per the Trump Administration FY18 Budget Blueprint
Duarte Nursery, Inc. v. United States Army Corps of Engineers
A summary of Duarte Nursery, Inc. v. United States Army Corps of Engineers, 2016 U.S. Dist.
LEXIS 76037
Petition for review from CRR to review New Hampshire’s MS4 permit
CRR filed a petition for review with the DC Circuit asking that it overturns EPA’s MS4 general permit for New Hampshire.
Northwest Environmental Advocates complaint against EPA over alleged failure to respond to petition
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alleged failure to respond to petition claiming Washington’s rules protecting aquatic life from toxic substances are out of date.
Transition Priorities Letter from ACWA President
Letter to President‐Elect Trump’s Transition Team urging a focus on critical issues including the importance of cooperative federalism and robust federal funding for state water quality programs to ensure programs continue to make progress on improving the nation’s water quality.
The Unclear Definition of Water
A summary of proceedings pertaining to WoUS definitions.
EPA Water Regulations, Guidance and Policy Chart
ACWA provides a summary of key EPA water regulations, guidance and policy documents with key dates and outcomes.
OVEV v FOLA Coal Company 4th Circuit Decision
OVEV v FOLA Coal Company 4th Circuit Decision concluded Fola was still obligated to meet the narrative WQS.
Water Infrastructure Improvement for the Nation Act: Summary and Relevant Sections
A summary of the parts of the Water Infrastructure Improvement for the Nation Act that are relevant to states.
Assumable Waters Under the Clean Water Act Section 404
A letter from ACWA, ECOS and ASWM to the USACE expressing disappointment in the Corps’ position on “traditional navigable waters” under the CWA
