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Clean Water Act

 

NWPR & WOTUS

 

The EPA Has Spent 15 Years Blocking This Couple From Building A Home. Will The Supreme Court Come To The Rescue? According to Reason, “Last week, the Supreme Court announced that it would take up the Sacketts’ case, raising hopes that the justices will secure their rights and the rights of countless other property owners who are currently left guessing whether they too are subject to the Clean Water Act’s onerous requirements. The Sackett’s case ‘gives the court the opportunity not just to issue a clear majority rule but a rule that can be readily applied by laymen,’ said Damien Schiff, a lawyer with the Pacific Legal Foundation, which is representing the Sacketts. ‘It’s unusual to have a statute that can require significant expenditure of time and resources and consultants just to figure out if you’re even regulated, and also imposes significant penalties if you end up violating it,’ he says, noting the maximum daily civil penalty the EPA can apply for non-compliance with the Clean Water Act is just under $60,000.” [Reason, 2/3/22 (-)]

 

Permits & Certifications

 

Senate Republicans Demand Halt To Water Rulemaking. According to Politico, “Calling it a ‘land grab,’ Senate Republicans yesterday joined their colleagues in the House in calling on the Biden administration to hold off on crafting a new rule to determine which wetlands and streams are federally protected until the Supreme Court has a say in the matter. Republican Sens. John Kennedy of Louisiana and John Thune of South Dakota led a letterthat was signed by all 50 Republican senators — including Minority Leader Mitch McConnell (R-Ky.) — that called on EPA Administrator Michael Regan and Assistant Secretary of the Army for Civil Works Michael Connor to delay crafting a new regulatory definition of ‘waters of the U.S.,’ or WOTUS. House Republicans earlier this month made the same request. EPA has remained quiet on its plans going forward, saying only that the agency is dedicated to hammering out a ‘durable’ regulatory definition to determine which waters are federally protected (Greenwire, Jan. 25). Bicameral calls for EPA and the Army Corps of Engineers to pause the rulemaking are growing louder in the wake of the Supreme Court taking up Sackett v. EPA, a challenge from Idaho landowners Chantell and Michael Sackett that asked the court to revisit its splintered 4-1-4 ruling in Rapanos v. United States (Greenwire, Jan. 24). The 2006 ruling resulted in two competing tests for defining WOTUS, a regulation that clarifies which streams, wetlands and other waters fall under federal jurisdiction.” [Politico, 2/4/22 (=)]

 

Mountain Valley Pipeline Faces New Setback After Court Invalidates Environmental Review. According to Politico, “Details: Thursday’s ruling from the court is the latest in a series of setbacks the proposed 304-mile pipeline has faced since securing the necessary approval from FERC in 2017 to proceed with construction, leaving the project years delayed and billions of dollars over budget, according to environmental groups. The court found that increased sedimentation could harm two endangered fish species in the regional streams that would be impacted by construction of the pipeline, and that the agency did not adequately evaluate the environmental baseline and cumulative effects of the pipeline on those species. Rather, the analysis is ‘sparse and scattered,’ according to the court. The 4th Circuit ruling is in response to a petition from the Sierra Club on behalf of a number of environmental groups including Appalachian Voices and Chesapeake Climate Action Network. Environmentalists hailed the ruling and called on the Biden administration to take a closer review of the pipeline. ‘[T]he Biden administration must fulfill the commitments it has made on climate and environmental justice by taking a meaningful, thorough review of this project and its permitting. When they do, they will see the science is clear: MVP is not compatible with a healthy planet and livable communities. MVP must not move forward,’ Sierra Club Senior Director of Energy Campaigns Kelly Sheehan said in a statement.” [Politico, 2/3/22 (=)]

 

Federal Court (Again) Overturns (Another) Mountain Valley Pipeline Permit. According to Virginia Mercury, “The hits keep coming for the embattled Mountain Valley Pipeline, with the Richmond-based U.S. 4th Circuit Court of Appeals overturning yet another key project approval this week, this time because of impacts to two endangered fish species. The court in an opinion filed Thursday determined that the U.S. Fish and Wildlife Service had erred in a September 2020 finding that Mountain Valley was unlikely to jeopardize several endangered species. ‘We recognize that this decision will further delay the completion of an already mostly finished pipeline, but the Endangered Species Act’s directive to federal agencies could not be clearer: ‘halt and reverse the trend toward species extinction, whatever the cost,’ Judge James Wynn wrote in the 4th Circuit’s opinion. Mountain Valley Pipeline spokesperson Natalie Cox said the company is evaluating the decision but is ‘disappointed’ in it. ‘For eight years, the MVP project team has worked diligently with state and federal regulators to ensure this important infrastructure project is built and operated to the highest levels of safety and environmental standards,’ she wrote in an email. ‘The MVP has undergone an unprecedented level of review, and rigorous analysis has repeatedly demonstrated that this project can in fact be built safely and responsibly.’” [Virginia Mercury, 2/3/22 (=)]

 

Water Pollution

 

PFAS

 

More States Eye PFAS Bills As Pressure Mounts On EPA. According to Politico, “More than 30 states nationwide are weighing over 200 pieces of legislation targeting chemicals this year, with attention largely on ‘forever chemicals’ as frustration grows with slow-moving action at the federal level. An analysis released today by the group Safer States found that legislation cracking down on toxic substances remains on an upswing amid public health concerns and cleanup priorities. This year’s outlook reflects an increase over last year, but the spotlight remains overwhelmingly on PFAS, the same family of chemicals consuming EPA’s attention. ‘State legislatures recognize the severity of the toxic PFAS crisis we’re facing and they’re taking action,’ said Sarah Doll, national director of Safer States, in a statement. States, she added, ‘continue to lead the way in addressing these serious problems with urgency and innovative solutions.’ The dominant emphasis on per- and polyfluoroalkyl substances carries over from last year, when Safer States found 27 states were weighing at least 180 bills pertaining to toxic issues (Greenwire, Feb. 3, 2021). At the time, Doll noted that states have disproportionately been on the front lines of grappling with PFAS, which have contaminated drinking water and food, in addition to posing a major cleanup headache.” [Politico, 2/2/22 (=)]

 

States Will Weigh More Than 210 Bills On Toxic “Forever Chemicals” In 2022. According to Environmental Health News, “Protecting people from exposure to toxic ‘forever chemicals’ will be a top priority for new state regulations throughout the U.S. in 2022, according to a new analysis. The analysis, published by the Safer States network, found that at least 32 states will consider more than 210 bills related to PFAS (per-and polyfluoroalkyl substances), making regulation of the chemicals one of the most prevalent issues in state policy making this year. PFAS are a class of more than 9,000 compounds with similar properties. They’re used in everything from clothing and carpeting to nonstick pots and pans, furniture, cosmetics and personal care products, and food packaging containers. PFAS don’t readily break down once they’re in the environment, so they accumulate human bodies over time. Exposure to PFAS is linked to cancer, thyroid disease, high cholesterol, pregnancy-induced hypertension, asthma, and ulcerative colitis. Testing has found PFAS in everything from chocolate cake and leafy greens to yoga pants and sports bras, makeup, and drinking water throughout the country. ‘State legislatures recognize the severity of the toxic PFAS crisis we’re facing and they’re taking action,’ said Sarah Doll, national director of Safer States, in a statement. ‘States continue to lead the way in addressing these serious problems with urgency and innovative solutions.’” [Environmental Health News, 2/3/22 (+)]

 

3M, Chemours Must Face New Jersey Residents’ PFAS Exposure Suit. According to Bloomberg Law, “New Jersey residents who say they suffered severe medical conditions due to their exposure to toxic waste can proceed with their claims only as they relate to PFAS, a federal court in the state ruled in a loss for 3M Co., the Chemours Co., Solvay Specialty Polymers USA, and other companies. The residents say they were exposed to poly- and perfluoroalkyl substances, also known as PFAS, and other toxins released due to the companies’ activities. They linked their exposure to materials disposed from the companies’ plants that traveled through the soil, air, and water and contaminated their ...” [Bloomberg Law, 2/3/22 (=)]

 

Groundwater

 

Navy Appeals Hawaii Order To Drain Military Fuel Tanks. According to Politico, “Attorneys for the Navy yesterday appealed Hawaii’s order that it drain massive tanks that store fuel in the hills above Pearl Harbor, saying the state wrongly concluded the tanks posed an imminent threat that requires immediate action. A complaint filed in U.S. District Court in Honolulu asks a judge to stop the order. The motion said the Navy hopes to resolve its differences with Hawaii through negotiation but filed a complaint anyway because of time restrictions under Hawaii law. Attorneys for the Navy filed a similar motion in state court in case a federal judge decided not to act on its complaint, the filing said. Hawaii last month ordered the Navy to drain its tanks at the Red Hill Bulk Fuel Storage Facility after fuel leaked from the complex into a drinking water well and contaminated tap water at Pearl Harbor homes and offices. Thousands of people have been treated for physical ailments, and 4,000 military families are staying in hotels because of the leak. The state Department of Health said it looked forward to taking its ‘fight to court.’” [Politico, 2/3/22 (=)]

 

Plastic Pollution

 

Can The Federal Government Cut Single-Use Plastic? According to Politico, “More than 180 green groups filed a legal petition today urging the U.S. government to stop buying single-use plastic products. The federal government is the single largest consumer of goods and services in the world, if the Biden administration agreed to today’s demands, single-use plastic use could drastically decrease in the U.S. The petition calls on the General Services Administration to prohibit the acquisition of disposable, single-use plastic products and instead use its purchasing power ‘to catalyze a more sustainable marketplace.’ ‘Here’s a chance for the Biden administration to do more to combat this crisis than all the local plastic bag bans in the country combined,’ said Emily Jeffers, a Center for Biological Diversity attorney who authored the petition. ‘The federal government’s huge purchasing power is crucial to protecting our environment and health from plastic pollution. Biden officials have to help stem the flood of single-use plastic that’s contaminating our oceans and poisoning wildlife and our own bodies.’ The Center for Biological Diversity, Oceana and Greenpeace were among the organizations that signed their names to the effort.” [Politico, 2/3/22 (=)]

 

Water Infrastructure

 

Corps Defends Everglades Funding Decision That Riled Fla. GOP. According to Politico, “The Army Corps of Engineers responded today to Florida Republicans fuming over the agency’s failure to spend Everglades restoration money from the infrastructure package on building a reservoir for the River of Grass. The corps urged proponents of the Everglades Agricultural Area (EAA) Reservoir to be patient. ‘While the EAA Reservoir did not receive [Infrastructure Investment and Jobs Act] funding, the Everglades was provided more than $1 billion of the $17.1 billion in [Infrastructure Investment and Jobs Act] funding that [the corps] received for the civil works program,’ wrote Douglas Garman, a spokesperson for the corps. The Army Corps, he said, ‘fully recognizes the importance of the EAA Reservoir and that project will be eligible for funding consideration with future appropriations.’ Last month, the corps unveiled a plan for spending almost $2 billion from the bipartisan infrastructure package to restore aquatic ecosystems across the nation. More than $1 billion — a record amount — would go toward recreating the natural flow of water from central Florida into the Everglades after years of ditch digging and over-engineering.” [Politico, 2/2/22 (=)]

 

Flooding

 

A New Study Predicts A Huge Increase In Catastrophic Hurricanes For The Northeastern U.S. According to NPR, “Hurricanes that cause both extreme high tides and heavy rain are among the most dangerous and destructive types of storms for coastal communities. Such hurricanes will occur much more frequently by the end of the century, according to a new study. The research has implications for those living in coastal areas from Texas to New England, all of whom will face dramatic increases in hurricane-driven flood risk as the Earth heats up. In recent years, multiple hurricanes have caused so-called compound flooding from rain and storm surge, including Hurricane Harvey in Texas and Hurricane Florence in the Carolinas. Both storms caused record-breaking amounts of damage and killed dozens of people. Scientists at Princeton University and Massachusetts Institute of Technology wanted to know if such storms will happen more frequently in the future. They began by looking backward, to see how frequently hurricanes cause both extreme storm surge and extreme rain. They found that, in the past, such storms have been rare. Along both the Gulf Coast and the East Coast, it has been unlikely that a person would experience such a storm over the course of their lifetime. But when the scientists turned their attention to the future, and factored in climate change, it was a different story. Hurricanes that cause compound flooding in coastal areas will become much more frequent by the end of the century, they found. In the future, people living on most of the Gulf Coast and East Coast will likely experience such a storm over the course of a lifetime.” [NPR, 2/3/22 (=)]

 

Tampa Bay Has Huge Flood Risk. What Should We Do About It? According to Tampa Bay Times, “Thousands of years ago, researchers say, the people who lived in what we now call Florida had to accommodate rising seas. They responded, excavations suggest, by retreating. Kenneth Sassaman, a University of Florida archaeologist, has theorized that some even picked up and reburied the bones of their ancestors. This ancient problem is not so different from the conundrum Floridians face today, he thinks. It shows that nature is always in control, but people can adapt. ‘The challenge we face today, though, is you just can’t pick up a city and move it,’ said Andrea Dutton, a geoscience professor at the University of Wisconsin-Madison. The world’s oceans are rising at an accelerating rate. Humans are quickly making the Earth hotter by burning fossil fuels, which puts more greenhouse gases into the atmosphere. Tampa Bay is already prone to storm surge flooding, a threat that sea level rise is only making worse.” [Tampa Bay Times, 2/3/22 (+)]

 

 

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