Tennessee AG Jonathan Skrmetti is suing more than 20 per- and polyfluoroalkyl substance (PFAS) manufacturers, including 3M and DuPont, seeking injunctive and monetary relief under the state’s public nuisance and uniform fraudulent transfer laws.
Latest from Reflections on Water - Page 2
Sackett v. EPA: A United (but Divided) Court Narrows CWA Scope
The U.S. Supreme Court just issued its long-awaited Sackett decision in which it significantly narrowed the scope of federal jurisdiction over “waters of the U.S.” under the Clean Water Act. Written by Justice Alito (with four other justices joining him), the decision contained three separate concurring opinions, with its operative holding as follows:
Another EPA Proposal to Overhaul the Water Quality Standards Program
EPA has proposed to establish “baseline” water quality standards that would apply to all Indian reservation waters where the tribe has not received “treatment as a state” (TAS) authority, the state does not have authority, and the federal government has not already promulgated water quality standards. Under the proposal, tribes will have a limited opportunity
EPA Proposes Class VI Primacy Approval for Louisiana
With little fanfare, EPA has finally proposed to approve Louisiana’s Class VI underground injection control (UIC) well program. The proposal to approve Louisiana’s program comes nearly two years after the state submitted its package for consideration.
The pre-publication version of EPA’s proposal walks through the agency’s process and substantive consideration of Louisiana’s statutes, regulations,
Biden’s WOTUS Rule Enjoined in 26 States
After the U.S. District Court for the District of North Dakota’s April 12 ruling, the majority of the United States can no longer implement or enforce the Biden administration’s definition of waters of the United States (WOTUS). This comes as a major blow to the administration that has repeatedly touted the so-called “durability
Steam Electric ELG Surprise in EPA’s Fall Regulatory Agenda
Better late than never, but on January 4, EPA published its Fall 2022 Unified Regulatory Agenda. The Reg Agenda includes a few new rulemaking initiatives and a number of schedule changes that were largely expected since EPA has been running a few months behind on most of their major rulemakings (e.g., WOTUS, 401 Water
H2-OWOW! – A Reflective Conversation with John Goodin, Former Director of EPA’s Office of Wetlands, Oceans, and Watersheds
John Goodin takes a break from his recent retirement to share invaluable insights with Dave and Anna from his 32-year career in EPA’s Office of Water. John talks about the long-running “waters of the United States” rulemaking, provides an insider’s perspective on federal decision-making, and connects his passion for travel with EPA’s mission to restore
EPA Proposes Water Quality Standards Revisions Requiring Consideration of Tribal Reserved Rights
Yesterday, EPA announced a proposed rule that would revise the agency’s regulations to include a requirement that water quality standards protect reserved tribal reserved rights. This proposal is a major milestone for the agency that has tried to incorporate reserved tribal reserved rights into its water quality standards program since at least 2015.
According
EPA Publishes Final Fifth Drinking Water Contaminant Candidate List (CCL)
On October 28, the EPA published the Final Fifth Drinking Water Contaminant Candidate List. Under the Safe Drinking Water Act (SDWA), the EPA is required to publish a new Contaminant Candidate List (CCL) every five years. The CCL contains a list of contaminants that are currently not subject to any national primary drinking water
Reflections on Sackett
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