The California legislature continues to advance Senate Bill 601 (SB 601), the “Right to Clean Water Act,”[1] which aims to safeguard protections for California’s streams and wetlands that lost federal protection under the Clean Water Act (CWA) as a result of the Supreme Court’s 2023 Sackett v. U.S. EPA decision. If approved, SB 601 would expand enforcement to include citizen suits and increase penalties for unpermitted discharges to state waters.
Federal Water Policy Coordination Codified
President Biden recently signed the Flood Level, Observation, Operations, and Decision Support Act (FLOODS Act), codifying an important leadership and management tool that helped modernize federal water policy in the United States. In 2018 a “federal water sub-cabinet” was informally established to coordinate water policy across the major federal agencies responsible for developing, managing, funding, regulating, and researching water resources in the United States. The original members included senior water officials within the Department of the Interior, Environmental Protection Agency, Department of Agriculture, Army Corps of Engineers, Department of Energy, and National Oceanic and Atmospheric Administration. The subcabinet was formally established in October 2020 under Executive Order 13956, “Modernizing America’s Water Resource Management and Water Infrastructure.”