On August 1, the Supreme Court of California upheld a decision by the Court of Appeal, which found that the Federal Power Act (FPA) preempts application of the California Environmental Quality Act (CEQA) when the state is acting on its own behalf as licensee of a hydroelectric project.
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FERC Denies Interior’s Requirement for Ongoing Species Notifications
On September 22, the Federal Energy Regulatory Commission (Commission or FERC) issued an order on rehearing (Rehearing Order), denying the U.S. Department of the Interior’s (Interior) request to include a requirement for a hydroelectric project to notify resource agencies if any activity may affect a federally listed Endangered Species Act (ESA) species and had not…
Reflections on Sackett
By Dave Ross & Anna Wildeman
Dave Ross and Anna Wildeman provide high-level reactions to the Supreme Court’s oral arguments in the Sackett v. EPA case, the latest legal battle in a long-running dispute over the meaning of the phrase “waters of the United States” under the Clean Water Act. They discuss the Court’s surprising focus on a little-known parenthetical in…
Reflections on Sackett
By Dave Ross & Anna Wildeman
Dave Ross and Anna Wildeman provide high-level reactions to the Supreme Court’s oral arguments in the Sackett v. EPA case, the latest legal battle in a long-running dispute over the meaning of the phrase “waters of the United States” under the Clean Water Act. They discuss the Court’s surprising focus on a little-known parenthetical in…
PFAS in Focus: Wastewater Utility Perspectives From Jay Hoskins, Metropolitan St. Louis Sewer District
By Dave Ross & Anna Wildeman
Anna and Dave continue their Missouri Water Seminar PFAS miniseries with Assistant Director of Engineering-Environmental Compliance Jay Hoskins of the Metropolitan St. Louis Sewer District. Jay, Anna, and Dave discuss integrated planning, source control, rate setting, and risk communication in a rapidly changing regulatory environment.…
Fish and Wildlife Service Issues Long-Awaited Eagle Rule Proposal
Today, the U.S. Fish and Wildlife Service (FWS) published its much-anticipated proposal, updating the regulations governing permits for incidental take of bald and golden eagles, as well as take of their nests. This proposal is the culmination of efforts to improve the effectiveness of the eagle take permitting process, particularly for wind energy projects.…
EPA UIC Class VI Program Administration Creates Potential Weak Link in Climate Adaptation Strategy
By Anna Wildeman & Dave Ross
The Biden administration has enormous climate and carbon management goals, which rightfully include the geologic sequestration of carbon dioxide as a core part of its climate adaptation strategy. The administration, to its credit, has worked with Congress to provide tax credits and billions of dollars of new funding for programs targeting the transportation and sequestration…
Fish and Wildlife Service Proposes to List Tricolored Bat as Endangered
On September 14, the U.S. Fish and Wildlife Service (FWS) issued a proposal to list the tricolored bat (Perimyotis subflavus) as an endangered species.…
Biden WOTUS Final Rule at OMB
By Dave Ross & Anna Wildeman
On September 12, with exactly three weeks until the U.S. Supreme Court hears oral argument in the Sackett v. EPA case, EPA sent the latest iteration of a final rule to define “Waters of the U.S.” (WOTUS) to the Office of Management and Budget for interagency review. While the Court may not issue an opinion…
PFAS in Focus: Show-Me Insights From Chris Wieberg, Missouri Department of Natural Resources
By Dave Ross & Anna Wildeman
Dave and Anna kick off a PFAS podcast series taped on location at the Missouri Water Seminar to provide an on-the-ground perspective of how state and local governments are dealing with the emerging regulatory framework for PFAS. Our first guest — Water Program Director Chris Wieberg of the Missouri Department of Natural Resources — explains…