The Supreme Court has declined to review the U.S. Court of Appeals for the Second Circuit’s January 2017 decision in Catskill Mountains Chapter of Trout Unlimited, Inc. et al. v. U.S. EPA reinstating the U.S. Environmental Protection Agency’s (the “EPA”) Water Transfers Rule, meaning the Second Circuit’s decision reinstating the Rule will stand. The Water Transfer Rule, issued by EPA in 2008, formalized EPA’s historic practice of excluding water transfers between water basins from the Clean Water Act’s (“CWA”) National Pollutant Discharge Elimination System (“NPDES”) permitting requirements after years of legal battles over EPA’s informal policies regarding interbasin transfers.
Last week, the Center for Biological Diversity, Water Keeper Alliance, and a coalition of other organizations served a Notice of Intent to Sue the U.S. EPA and Army Corps of Engineers (the “Agencies”), alleging the Agencies’ delay in implementing the Obama-era Waters of the U.S. (“WOTUS”) Rule violated the Endangered Species Act.
On February 1, 2018, the Ninth Circuit published Hawai’i Wildlife Fund v. County of Maui, which applied Clean Water Act (CWA) permitting requirements to well wastewater injections that migrate to the Pacific Ocean through groundwater.
Earlier this week, the Supreme Court ruled that federal district courts, rather than appellate courts, are the proper venue to challenge the “Waters of the United States” (“WOTUS”) Rule (discussed in a previous blog post here), an Obama-era regulation that expansively defined waters subject to Clean Water Act jurisdiction. Following the Supreme Court decision, the Eleventh Circuit on Wednesday vacated its 2015 decision which held the opposite. In doing so, it also remanded a challenge to the WOTUS Rule brought by a coalition of states (led by Georgia) in 2015 in the federal district court in Brunswick, Georgia.
Today, in a much-anticipated decision, the Supreme Court unanimously held that district courts are the proper courts to hear challenges to the “Waters of the United States” (“WOTUS”) Rule, an Obama-era regulation that expansively defined waters subject to Clean Water Act jurisdiction. The decision overturns a Sixth Circuit ruling that federal appeals courts maintain the proper jurisdiction to hear such challenges. Writing for the Court, Justice Sotomayor found that “Congress has made clear that rules like the WOTUS Rule must be reviewed first in federal district courts.”
On November 9, 2017, on the heels of New Jersey’s move to set a maximum contaminant level for certain perfluoroalkyl substances, California’s Office of Environmental Health Hazard Assessment (OEHHA) added perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) to the list of chemicals known to the state of California to cause reproductive toxicity (also known as the Prop 65 list).
On November 1, 2017, New Jersey officials announced that they would set Maximum Contaminant Levels (MCLs) for public drinking water systems for PFOA and PFNA, making the Garden State the first in the nation to do so.
We have previously blogged about the Supreme Court’s unanimous decision in Army Corps of Engineers v. Hawkes which found that approved jurisdictional determinations (JDs) issued by the Army Corps may be challenged in federal district court under the Administrative Procedure Act.
On Tuesday, February 9, 2016, the U.S. Supreme Court granted a stay of the Clean Power Plan based on applications filed by a broad coalition of states, the coal industry, the utility industry, and chambers of commerce. The parties filed the applications after the D.C. Circuit Court of Appeals denied similar motions. Continue Reading U.S. Supreme Court Grants Stay of the Clean Power Plan
In a significant win affirming the ongoing validity of long-issued permits, United States District Judge Sam A. Lindsay of the Northern District of Texas dismissed all of the claims brought by two groups challenging the National Pollutant Discharge Elimination System (NPDES) permit issued to Georgia-Pacific LLC’s Crossett, Arkansas, paper mill. The Court’s opinion dismissing the case in full was issued January 19, 2016, and is available here. Continue Reading Texas Federal Court Dismisses Novel Challenge to NPDES Permit