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Backwards, forwards, square, and round. The battle over the reach of the Federal Clean Water Act continues.

Acoel

Posted on January 12, 2023 by Jeff Porter. Mr. Beck wasn’t writing about the decades long war over the jurisdictional reach of the Federal Clean Water Act but the shoe certainly fits. Backwards, forwards, square and round. So goes a lyric by the late great Jeff Beck who died this week.

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2023 WOTUS Rule Enjoined in Texas and Idaho (Or “Here We Go Again”)

Acoel

Posted on March 27, 2023 by Karen Aldridge Crawford On March 19, 2023, a federal district court in Texas granted a preliminary injunction prohibiting the January 2023 Revised Definition of Waters of the United States (2023 WOTUS rule) promulgated by Environmental Protection Agency and the Army Corps of Engineers (the agencies), 88 Fed.

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U.S. Supreme Court Narrows the Scope of the Clean Water Act by Limiting EPA’s Jurisdiction over Wetlands

MGKF Law

EPA , 2023 WL 3632751 (U.S. While the 9-0 decision was unanimous in judgment by holding that the Sacketts’ wetland was not subject to federal jurisdiction, the court was sharply divided as to the test to determine when an adjacent wetland qualifies as a Water of the United States (or “WOTUS”). In Sackett v.

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Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands

E2 Law Blog

The Sacketts challenged the order, claiming that the wetlands are not jurisdictional “waters of the United States” within the meaning of the federal Clean Water Act, 33 U.S.C. §§ 1251-1389 (CWA). Thus began nearly two decades of litigation, culminating in the Supreme Court’s May 25, 2023 decision in Sackett v.

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FRESH, March 7, 2023: EPA Proposes Considering Tribal Treaty Rights in Water Quality Standards

Circle of Blue

March 7, 2023 Fresh is a biweekly newsletter from Circle of Blue that unpacks the biggest international, state, and local policy news stories facing the Great Lakes region today. These states have water testing requirements but unclear, or entirely nonexistent, remediation procedures when lead is detected.

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DEP: Widespread Presence Of PFAS ‘Forever Chemicals’ In Fresh Water Leading Shale Gas Operators To Use Contaminated Water In Fracking Operations; DEP Doesn’t Require Routine PFAS Testing

PA Environment Daily

In an April 2023 DEP determination of whether natural gas drilling contaminated a Washington County family’s water well, DEP said the “widespread presence of PFAS” forever chemicals in fresh water may have led to “inadvertently” using contaminated water to frack a shale gas well. See Paragraph 71 in appeal.]

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Ongoing Battle to Keep Toxic Chemicals at Bay

Circle of Blue

The Clean Water Act, a landmark federal pollution control law passed in 1972, cleaned up American waterways once fouled by industrial waste. But the act was focused largely on making rivers fishable and swimmable — not keeping them free of contaminants that can sully drinking water.