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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.
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.
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 […]
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 […]
President Donald Trump backed up the administration’s priority environmental commitment to clean drinking water by signing into law the Water Infrastructure Funding Transfer Act (S. 1689).
The environmental ill will between the U.S. Environmental Protection Agency (EPA) and the nation’s most populous state, California, has spilled over from the Clean Air Act (CAA) to the Clean Water Act (CWA) and Safe Drinking Water Act (SDWA).
In February 2019, the EPA’s assistant administrator for water issued a memo updating the Agency’s water quality trading policy “to promote market-based mechanisms.” The memo includes six principles intended to clarify aspects of the federal water quality trading program, provide tools and incentives to states and local governments to implement trading programs, and promote increased […]
Effective 60 days after its publication in the Federal Register, the EPA/Army Corps of Engineers’ (EPA/Corps) final rule repealing the Obama administration’s 2015 Clean Water Rule formally concludes Step 1, the first of two steps to ensure that the states exercise majority control over their water resources. The final rule removes the complex definition of […]
With the Utility Water Act Group (UWAG) at its side, the EPA successfully defended itself against allegations by environmental groups that its postponement of several deadlines in its 2015 Effluent Limitations Guidelines [ELGs] and Standards for the Steam Electric Power Generating Point Source Category (2015 Rule) violated both the Clean Water Act (CWA) and Administrative […]
Proponents of energy infrastructure projects such as natural gas pipelines and electricity transmission lines that require federal licenses or permits welcomed an EPA proposal to amend regulations to implement the state certification process authorized by Section 401 of the Clean Water Act (CWA) for these projects.