Since the Clean Water Act passed in 1972, the assumption has been that all waterways are protected from pollution — meaning that rivers, streams, lakes, and wetlands are, by law, shielded from industrial and agricultural waste through a strict permitting process via the federal government.
The Environmental Protection Agency on Tuesday released a draft guidance that interprets a Supreme Court decision in a way that may exempt some facilities from needing permits to pollute groundwater. In April, the court decided that a permit is required for both direct discharges of pollutants into federally-regulated rivers and oceans as well as their “functional equivalent” in groundwater that flows into regulated waters.
San Diego is one step closer to federal legislation that would save taxpayers millions by essentially exempting the city from having to get a Clean Water Act waiver every five years for the Point Loma Wastewater Treatment Plant.
The U.S. House of Representatives voted 395-4 last week in favor of legislation that supporters say is game changing. The law, the Ocean Pollution Reduction Act II, still must be approved by the U.S. Senate and then signed by President Trump.
A Biden administration won’t be able to untangle the legal and regulatory “mess” under part of the Clean Water Act that determines which streams, wetlands and other waters get federal protection, legal scholars and litigators say.
Any move the Biden administration takes to clarify the definition of Waters of the United States, known as WOTUS, will continue the decades-long “merry-go-round” of administrative rule changes and litigation, said Larry Liebesman, a former Justice Department environmental lawyer who is now a senior adviser at the environmental and water permitting firm of Dawson & Associates.
The EPA under a future Biden administration is expected to quickly move to set regulations on “forever chemicals” in water and other areas, but not to restrict the entire group of thousands of the substances, attorneys said in recent interviews.
The Environmental Protection Agency is already expected to set national drinking water limits for two of these chemicals, perfluorooctane sulfonate, or PFOS, and perfluorooctanoic acid, or PFOA, said Cynthia AM Stroman, a partner in King & Spalding LLP’s Washington, D.C. office.
The Arizona Department of Environmental Quality is beginning to draft a set of regulations to protect surface water following the Trump administration’s rollback of the Clean Water Act.
The changes that took effect in June significantly narrow the list of waters that receive federal protection from pollution and contaminants, known as “waters of the U.S.” or the acronym “WOTUS.” And that leaves a big regulatory gap in Arizona, which currently has no surface water protection program.
Major environmental litigation is set for an abrupt shift after President-elect Joe Biden steps into the White House, as the Trump administration leaves behind a trail of unanswered legal questions. In four years, President Donald Trump and his appointees in the Environmental Protection Agency, Interior Department, and other agencies made dramatic regulatory changes that sparked an ongoing series of legal battles.
What’s in the Tijuana River?
Ammonia, a byproduct of raw sewage. Phosphorous, an ingredient in soaps and cleaners that’s banned in the U.S. Metals used in the industrial plating industry. Parasitic worms. And DEHP, a chemical added to plastics.
When the Trump administration finalized a key Clean Water Act rule last year, it slammed media outlets for citing federal data showing it would erase protections for more than half the nation’s wetlands and 18% of streams.
The National Wetlands Inventory, EPA wrote in a press release at the time, was so unreliable that it “doesn’t map wetlands that are there and maps wetlands that are no longer there.”
Here in California, rivers are a cornerstone of our landscapes. On a recent rafting trip down Northern California’s Yuba River, I was lucky to see eagles flying overhead and salmon spawning beneath our boat. Experiences like this remind me to appreciate the protections that keep our water clean and safe, and help habitats thrive.
