Tag: CWA

Water, groundwater

Supreme Court Says Permits Required for Groundwater Discharges

By a tally of 6 to 3, the U.S. Supreme Court found that under certain circumstances, a discharge of pollution from a point source that travels in groundwater before entering a navigable water subjects the discharger to National Pollutant Discharge Elimination System (NPDES) permitting requirements under the Clean Water Act (CWA).

The Navigable Waters Rule and Subsurface Flows

According to the U.S. Army Corps of Engineers, the Navigable Waters Rule (NWR), issued by the Corps and the EPA, will effectively remove 51% of the Corps’s mapped wetlands from federal jurisdiction under the Clean Water Act (CWA). Much of that eliminated inventory was subject to federal protection under the Obama administration’s 2015 Clean Water […]

Menominee River

Tribe Effort to Invalidate Dredge-and-Fill Permit Fails

Attempts by the Menominee Indian Tribe of Wisconsin to invalidate a Clean Water Act (CWA) Section 404 (dredge and fill) permit the Michigan Department of Environmental Quality (MDEQ) granted Aquila Resources Inc. for a mining project on a portion of the Menominee River were unsuccessful in both a federal district court and the U.S. Court […]

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.

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 […]

Simultaneous EPA Proposals Look to Cut Costs for Coal-Fired Power

The Trump administration is relying heavily on its environmental authority to try to reverse the declining role of coal in energy generation. Under both the Resource Conservation and Recovery Act (RCRA) and the Clean Water Act (CWA), the Agency has the power to regulate how much the coal-fired electricity sector must do and how much […]