The tri-state water wars between Georgia, Florida, and Alabama are far from over. In fact, they have now been escalated. On October 1, Florida filed a complaint in the United States Supreme Court requesting that the Court equitably apportion the waters of the Apalachicola-Chattahoochee-Flint (“ACF”) River Basin between Florida and Georgia. Florida argues that Georgia has permitted withdrawals of both surface and groundwater that are allegedly adversely impacting the Apalachicola Region’s ecosystem and economy. Florida cites declines in its fisheries and in particular claims that reduced flows impact oyster fisheries. As support for its complaint, Florida alleges impacts to ecosystems, threatened and endangered species, recreation and Florida’s economy. Georgia has yet to respond, but the state will likely raise issues related to conservation measures implemented by Georgia, Florida’s abandonment of its appeal of endangered species consultations between the U.S. Army Corps of Engineers and U.S. Fish and Wildlife Service, Florida’s own over-fishing of the oyster fisheries, and salinity issues created by Florida’s insistence upon Sikes Cut, a navigation channel through St. George Island.
EPA Withdraws Guidance and Announces a Rulemaking to Clarify Clean Water Act Jurisdiction
The U.S. EPA announced the availability of a 331-page report entitled “Connectivity of Streams and Wetlands to Downstream Waters,” which compiles and evaluates peer-reviewed literature on the impacts and connectivity of smaller, isolated water bodies to larger downstream waters. The Agency announced that a final version of the report “will serve as a basis for a joint EPA and Army Corps of Engineers rulemaking aimed at clarifying the jurisdiction of the Clean Water Act.” With this announcement, EPA has charted a new path for its attempts to more clearly delineate the scope of Clean Water Act jurisdiction.
Leading Environmental Lawyer, Brooks Smith, Joins Troutman Sanders’ Richmond Office
Troutman Sanders is pleased to announce that Brooks Smith, a top-ranked environmental and administrative lawyer, has joined the firm’s Environmental and Natural Resources practice in the Richmond office. He previously served as co-chair of the environmental practice at Hunton & Williams. Smith will help the firm execute various strategic initiatives focused on environmental markets, sustainability, coal, energy, water, and compliance assurance. Law 360 reported this news on Wednesday, August 28. Read more here.
Breakthrough in Gina McCarthy’s Nomination to Head EPA
Louisiana Sen. David Vitter, who had been holding up Gina McCarthy’s nomination in committee, announced on Tuesday that he won’t support a filibuster against her confirmation on the senate floor. Vitter and other members of the Committee on Environment and Public Works had indicated their dissatisfaction with EPA’s responses to five transparency questions in May.
Wastewater NPDES Permits: Legal Protections
Full disclosure and strict compliance with the National Pollutant Discharge Elimination System (NPDES) permitting process under the Clean Water Act (CWA) has its benefits. That was the message delivered in a recent decision by the Federal District Court of Alaska in Alaska Community Action on Toxics v. Aurora Energy Services.