Category: Special Topics in Environmental Management

Details on the New WOTUS Definition

In their just-released final rule, the EPA and Army Corps of Engineers (EPA/Corps) provide a definition of the Clean Water Act (CWA) term Waters of the United States (WOTUS) that, the agencies say, is based in the commerce clause of the Constitution.

Washington State

Washington State’s Indirect Emitter Regulation Found Invalid

In a 5-to-4 decision, the Supreme Court of Washington State upheld a ruling by a lower court that found that the state’s Department of Ecology (Ecology) exceeded its statutory authority by promulgating a regulation that imposed greenhouse gas (GHG) emissions standards on indirect emitters of those gases. According to the majority, the “plain language” of […]

EPA Headquarters

Examining Proposed Revisions to the NEPA Process

In a live statement and backed by a coterie of industry leaders and agency heads, President Donald Trump unveiled the administration’s proposal to amend regulations for implementing the National Environmental Policy Act (NEPA), commonly referred to as the NEPA process. Given that the announced action is a proposal and not a final rule and also […]

EPA, Environmental Protection Agency

Old Executive Orders and EPA Rulemaking on Gliders

The EPA’s Office of Inspector General (OIG) recently reported that the Agency failed to comply with two Clinton-era Executive Orders (EOs) when former Administrator Scott Pruitt decided to rush into publication the proposed repeal of an Obama-era rule intended to reduce air pollution generated by glider vehicles.

Construction machinery

How Climate Change Is Affecting Construction Jobs

The cost of the effects of climate change is steadily increasing, putting a strain on the buildings and infrastructure around us. Sustainability efforts are being enacted every day to help these effects, with one added bonus: They are generating job growth and positively affecting the economy while helping to battle the effects of climate change.

EPA, the States, and TMDL Obligations

Section 1313 of the Clean Water Act (CWA) directs that states must develop total maximum daily loads (TMDLs) for water bodies that are impaired by pollutants or conditions (e.g., temperature or turbidity). The state submits these TMDLs to the EPA for approval. If the Agency approves the state’s submission, the TMDL takes effect. If the […]