Clean Water Act of 2023 to be Considered by Congress

In mid-October, Democrats in the U.S. House of Representatives brought forth the Clean Water Act of 2023 in an attempt to counteract the Supreme Court’s interpretation of the definition of “navigable waters” related to the “waters of the United States” (WOTUS). Supporters say the Clean Water Act of 2023 would amend the Federal Water Pollution Read More

Supreme Court Finds in Favor of Landowners in Landmark WOTUS Lawsuit

A Supreme Court decision in favor of property owners will likely impact the future of how the waters of the United States (WOTUS) are designated under the Clean Water Act (CWA). The nation’s highest court began hearing the high-profile wetlands protection case, Sackett v. Environmental Protection Agency, on October 3, 2022. Water industry analysts have monitored Read More

Guidance Issued on Clean Water Act Permitting Requirements

The U.S. Environmental Protection Agency (USEPA) has issued guidance clarifying the application of Clean Water Act (CWA) permitting requirements to groundwater. USEPA’s Interpretative Statement concludes that Congress excluded releases of pollutants to groundwater from the CWA’s permitting requirements, and instead, left the regulation of those releases to other statutory authorities of the States and USEPA. Read More

Proposed WOTUS Definition Clarifies Federal Authority

The U.S. Environmental Protection Agency (USEPA) and the Department of the Army (Army) have proposed an updated definition of the Waters of the United States (WOTUS) Rule that clarifies federal authority under the Clean Water Act. “Our proposal would replace the Obama EPA’s 2015 definition with one that respects the limits of the Clean Water Read More