A New WOTUS Definition of Tributary
Tributary is a key term in the EPA/Army Corps of Engineers’ recent Waters of the United States (WOTUS) rule, just as it was in the 2015 WOTUS rule the newer rule replaced.
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’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 […]
9th Circuit ‘Reluctantly’ Says Children in Climate Emissions Case Lack Standing
In a petition that captured the public’s attention when it was filed 5 years ago, 21 plaintiffs, aged 7 to 19, asked a U.S. District Court to order the federal government to “phase out fossil fuel emissions and draw down excess atmospheric CO2 so as to stabilize the climate system.”
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 […]
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.
EPA’s Science Board Has a Problem with Four Agency Proposals
In draft letters dated October 16, 2019, and addressed to EPA Administrator Andrew Wheeler, the chair of the Agency’s Science Advisory Board (SAB) raised substantive concerns about four major EPA regulatory proposals.
DOE Selects Mercury Storage Site, Sets Per-Ton Fee
In December 2019, the U.S. Department of Energy (DOE) took two actions that would appear to set the stage for the delivery of waste elemental mercury for long-term storage and management.
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 […]