article thumbnail

With Friends Like These. Another Federal Appeals Court Takes Clean Water Act Enforcement Out of EPA’s Hands

Acoel

Posted on August 19, 2021 by Jeff Porter. EPA ordered them to halt that construction and remove fill they had placed on the lot based on the Agency’s conclusion that the lot was a wetland within the jurisdiction of the federal Clean Water Act and the Sacketts did not have the permit necessary to fill it.

article thumbnail

Back to the Future: Waters of United States Reverts to Pre-2015 Definition

Environment Next

On August 30, 2021, the U.S. District Court for the District of Arizona vacated a 2020 rulemaking that had pared back protections to certain bodies of water (see attached August 30, 2021 Opinion ). The 2020 rulemaking replaced a 2015 rule defining “waters of the United States” more broadly under the Clean Water Act.

2015 52
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

The Seemingly Endless Path to Define WOTUS

Acoel

The definition of “waters of the United States” (WOTUS) determines federal jurisdiction under the Clean Water Act (CWA). The definition was originally proposed in a December 7, 2021 rulemaking. 715 (2006)). The agencies reverted back to this definition in August of 2021, when the U.S. It affects U.S.

article thumbnail

Is Agrochemical Contamination Killing Nebraska’s Children?

Circle of Blue

Nitrate is one of the most violated federal drinking water standards, with EPA data showing 458 systems in violation in the fourth quarter of 2021. Politically powerful farm lobbies, preferring voluntary measures to curb nutrient pollution, have held off oversight under the Clean Water Act and other statutes.

2016 364
article thumbnail

Powerful Industry’s Torrent of Manure Overwhelms State Regulators

Circle of Blue

The authority to do so is embedded in the federal 1972 Clean Water Act, which defined large livestock and poultry farms as “point sources” of water pollution that require permits to discharge their wastes. . pounds in 2006. The process for achieving that goal is called a TMDL – total maximum daily load.

article thumbnail

ESA Policy News: August 30, 2021

ESA

UN plans virtual Biodiversity Conference in October 2021 and in-person meeting in April and May 2022. Innovation and Competition Act with representatives from the White House and the Commerce Department. 16, 2021 ). 16, 2021 ). Feds protect a bumblebee unseen since 2006 – E&E News. International.

2021 98
article thumbnail

Deja Vue All Over Again- No Certainty on Federal Regulation of Waters of the United States

Ohio Environmental Law

An Arizona federal court has vacated the Trump Administration’s Navigable Waters Protection Rule (NWPR). CV-20-00266 , the Court ruled that the Trump Administration’s regulatory effort to define the scope of the Clean Water Act (i.e. The Clean Water Act does not further define the phrase “waters of the United States.”