Water

Regulatory and legislative disputes over the clean water and safe drinking water acts have major implications for dischargers, utilities and others, and our Water section features the latest news from EPA, the courts and Congress.

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Regulatory and legislative disputes over the clean water and safe drinking water acts have major implications for dischargers, utilities and others, and our Water section features the latest news from EPA, the courts and Congress.

9th Circuit Dismisses Suit Over EPA Memos On Clean Water Act Permitting

The U.S. Court of Appeals for the 9th Circuit has dismissed litigation from wastewater treatment plants in California that argued EPA overstepped its authority when it told the state to amend draft permits for the plants, finding EPA's communication with the state was not a final action subject to judicial review. The April 12 ruling in Southern California Alliance Of Publicly Owned Treatment Works (SCAP) v. EPA relies on 9th Circuit precedent to find the court lacks jurisdiction under...

EPA To Halt, Reconsider Utility ELG But Environmentalists Persist With Suit

EPA is preparing to halt implementation of the Obama-era Clean Water Act (CWA) power plant effluent rule while the Trump administration weighs revising the policy in response to industry petitions, though environmentalists are pledging to continue litigation where they hope to defend the rule and force EPA to make it stricter. EPA Administrator Scott Pruitt wrote the Utility Water Act Group (UWAG) and the Small Business Administration (SBA) Office of Advocacy on April 12 to announce that he will reconsider...

Federal Register Notice Staying Rule Deadlines

EPA Letter To Petitioners Announcing Rule Reconsideration

EPA Letter To ECOS Pledging To Delay Compliance Deadlines



IG Urges EPA Update To Mercury Risk Value, Fish Advisory Approaches

EPA's Inspector General (IG) is recommending in a newly released report that EPA review whether it should reassess the human health risks of methylmercury, update the agency's risk communication advice for fish advisories for states and tribes, and improve approaches for developing and communicating the advice. The April 12 report , “EPA Needs to Provide Leadership and Better Guidance to Improve Fish Advisory Risk Communications,” and its recommendation that EPA determine whether to update its 2001 Integrated Risk Information System...

Montana Department Of Environmental Quality Brief

Montana League of Cities And Towns Brief

National Association of Clean Water Agencies Brief

Treasure State Resources Association Of Montana Brief




Environmentalists Appeal Dismissal Of Massachusetts Stormwater Case

Environmentalists in New England are appealing a federal district court's dismissal of their suit seeking to force EPA to require stricter stormwater controls in Massachusetts, where the district court found EPA is entitled to deference against having to issue such controls and that environmentalists failed to make a proper legal claim. The Conservation Law Foundation (CLF) filed its notice of appeal with the U.S. Court of Appeals for the 1st Circuit April 7 following the March 24 order of dismissal...

SBA Advocacy Office Petitions EPA To Weaken Power Plant Effluent Rule

The Small Business Administration's (SBA) advocacy office is urging EPA to reconsider its Clean Water Act (CWA) effluent rule for power plants, saying that changes the SBA office is suggesting to weaken the regulation would help the agency comply with President Donald Trump's executive orders (EOs) on regulatory reform. The reconsideration petition filed April 5 by the SBA Office of Advocacy argues that Trump's orders mean EPA must rework its power plant effluent limitation guideline (ELG), charging in particular that...


Wastewater Groups Seek Rehearing Of Case Testing CWA 'Blending' Limits

Municipal wastewater authorities are asking the U.S. Court of Appeals for the District of Columbia Circuit to rehear a case where a three-judge panel refused to enforce a separate ruling on Clean Water Act (CWA) permits for wastewater “blending” nationwide, saying the decision could allow EPA to dodge court review of many unlawful actions. “This decision is of exceptional importance because it creates a new vehicle for EPA, or any other federal agency, to avoid rulemaking prerequisites that safeguard due...

Delay Of EPA Dental Amalgam Rule Poses Test Of Trump's 2-For-1 Order

The Trump administration's decision to delay EPA's Clean Water Act (CWA) rule limiting releases of dental amalgam is testing the legality of President Donald Trump's controversial executive order (EO) that requires agencies to identify two rules to repeal for every new measure it issues. Even as the Justice Department is seeking to dismiss a facial challenge to the order's legality, arguing in part the suit is not ripe because the order has not been used to delay or revise any...

States' Amicus Brief

Cause Of Action Institute's Amicus Brief


NRDC Amended Complaint

DOJ Motion To Dismiss


Judges Doubt Environmentalists' Claims In FOIA Suit Over Utility ELG Data

Appellate judges at April 10 oral argument appeared doubtful of environmentalists' Freedom of Information Act (FOIA) suit aiming to force release of data collected for EPA's power plant effluent rule that the agency is withholding as “confidential,” saying a win for environmentalists could eliminate FOIA protections for other types of data. During argument in Environmental Integrity Project (EIP), et al., v. EPA , members of the three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit...

SAB Seeks To Clarify Advice For EPA's Lake Erie Nutrient Reduction Model

EPA's Science Advisory Board (SAB) is asking the chairman of an SAB panel reviewing EPA's modeling approach used to develop nutrient-load reduction targets for Lake Erie to work with key SAB members to clarify advice to the agency before sending a final report to Administrator Scott Pruitt. The charted SAB voted during a recent teleconference to have the chairman of the Lake Erie Phosphorus Objectives Review Panel revise a draft report with assistance from three SAB lead reviewers to better...

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