Anna and Dave welcome Iowa Agriculture Secretary Mike Naig to talk soil health, creative financing, and the future of watershed management in Iowa. They also discuss the state’s ongoing work as part of the Hypoxia Task Force.

Continue Reading Innovation in Iowa: Talking About the Future of Watershed Management With Iowa Agriculture Secretary Mike Naig

WateReuse Association Executive Director Pat Sinicropi joins Anna Wildeman and Dave Ross to talk about the role of water reuse as a water management strategy for the 21st century. Specifically, Pat discusses water reuse technology, the role of the federal government in encouraging water recycling as a national strategy, and state and local community efforts to accelerate the adoption of water reuse in businesses and communities across the country.

Continue Reading Reuse to the Rescue: Talking Water Reuse with Pat Sinicropi, Executive Director, WateReuse Association

On February 16, the White House Council on Environmental Quality (CEQ) published in the Federal Register new interim guidance that is intended to facilitate the review and deployment of carbon capture, sequestration, utilization, and storage (CCUS) technologies. For those hoping for specific guidance that would accelerate the deployment of CCUS, the interim guidance is likely to disappoint. Congress recently signaled strong interest in accelerating CCUS as a national decarbonization strategy by providing billions of dollars of new investment to support the industry, but the guidance is largely silent on how the executive branch will match the urgency in ensuring on-the-ground deployment in the foreseeable future. Comments on CEQ’s guidance are due to CEQ by March 18.
Continue Reading Carbon Capture Utilization and Storage: Administration Action (and Inaction)

On December 27, 2021, the U.S. Army Corps of Engineers (Corps) issued a final rule reissuing 40 existing Nationwide Permits (NWPs) with modifications and issuing a new NWP for water reclamation and reuse facilities. The 40 existing NWPs that the Corps reissued includes NWP 17, which authorizes the discharge of dredged or fill material associated with certain small hydroelectric projects.

Continue Reading Army Corps Finalizes Modified and New Nationwide Permits, Including for Certain Hydropower Projects

As the U.S. Environmental Protection Agency (EPA) prepares its Clean Water Act (CWA) Section 401 rule proposal, litigation regarding the 2020 Trump-era rule (Certification Rule) continues. Currently, the issue of whether to re-instate the Certification Rule is proceeding before U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit). The U.S. District Court for the Northern District of California had vacated and remanded the Certification Rule, and intervenors and several states appealed the vacatur. Appellants, including several industry groups, have filed motions to stay the District Court’s vacatur pending the outcome of the appeal and are now awaiting the Ninth Circuit’s ruling that could, at least temporarily, re-instate the Certification Rule.

Continue Reading Clean Water Act Section 401 Certification Rule Litigation Continues

Anna Wildeman welcomes Oklahoma Secretary of Energy and Environment Ken Wagner to the podcast. In this episode Ken, Dave Ross, and Anna touch on the diversification of Oklahoma’s energy portfolio, including its pursuit of renewable energy sources, such as hydrogen, and its confluence with the water sector.

Continue Reading H2Oklahoma: Interview with Secretary Ken Wagner

Dave Ross talks with Radhika Fox as she marks her one year anniversary as EPA’s Assistant Administrator for Water. They discuss how her prior experiences prepared her for the role at EPA and her desire to change the narrative around water by connecting it back to the community. They also look at her first year accomplishments, the recently passed infrastructure bill, the 50th anniversary of the Clean Water Act, and more.

Continue Reading Diving In: An Interview With Radhika Fox, Assistant Administrator, Office of Water

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the “Corps”) (together the “Agencies”) have continued working on a proposed rule to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA or Act), which will soon move to the next stage of agency consideration.[1] The outcome of these rulemaking efforts will impact countless regulated parties, from solar developers to manufacturers, and heavily regulated industry.

Continue Reading Biden Administration Presses Forward With Revised WOTUS Rule

On January 11, the U.S. Environmental Protection Agency (EPA) issued a new interpretation of its coal combustion residual (CCR) regulations: CCR landfills or surface impoundments “cannot be closed with coal ash in contact with groundwater.” Although EPA claims it has “consistently held” this interpretation, this is the first time EPA has expressly articulated this view. Perhaps acknowledging the novelty of its position, EPA also announced its intent to “review … state-level CCR program applications to ensure they are as protective as federal regulations” and to proceed toward a federal CCR permitting framework.
Continue Reading EPA Announces Key CCR Policy Amid Alternative Closure Determinations