CDP: Waterways Clips: September 19, 2022
Legislature Can Intervene In Idaho-U.S. Water Rights Fight. According to Politico, “The Idaho Legislature can intervene in a lawsuit filed against Idaho by the U.S. Department of Justice challenging recently passed state water laws, but a federal judge has yet to rule on whether ranchers and the Idaho Farm Bureau Federation can take part. The Justice Department, in court documents filed this month, challenged a request by ranchers to intervene, contending ranchers have not shown that the Legislature and state attorney general's office can't adequately represent their interests. The Justice Department also contends that ranchers failed to identify any water rights or other property interests they claim to own that are part of the case. The complex water-law case has statewide ramifications for millions of acres of land in Idaho administered by the Forest Service and the Bureau of Land Management. It involves laws passed in the last five years that create a path through the Idaho Department of Water Resources for ranchers to take control of federal public land instream water rights through a state-approved forfeiture procedure.” [Politico, 9/16/22 (=)]
Sacketts Seek New WOTUS Test. It May Not Help Them. According to Politico, “In three weeks, an Idaho couple will make their case to the Supreme Court that EPA improperly claimed oversight of a wetland on their property — a move that has for 15 years halted construction of their dream home near idyllic Priest Lake. But some legal observers note that Chantell and Michael Sackett's land may be subject to EPA permitting requirements, even if the justices adopt a more limited interpretation of the Clean Water Act’s scope. ‘Even if the court is chomping at the bit to roll back federal jurisdiction, it doesn’t seem that Sackett is the one,’ said Pat Parenteau, emeritus professor at Vermont Law and Graduate School, before the justices agreed to take up the case. At the heart of Sackett v. EPA is a longstanding legal battle over the definition of waters of the U.S., or WOTUS, a term that describes which wetlands and streams are automatically subject to Clean Water Act protections. A broader definition of WOTUS allows EPA to exercise control over more of the nation’s waters; a narrower interpretation curbs the agency’s power.” [Politico, 9/16/22 (=)]
Jackson, Miss., Water Is Again Safe To Drink, Governor Says. According to Politico, “After nearly seven weeks of being forced to boil their water before drinking it or using it to brush teeth, people in Mississippi's largest city were told Thursday that water from the tap is safe to consume — but Jackson's water system still needs big repairs that the mayor says the cash-strapped city cannot afford on its own. Gov. Tate Reeves and Jackson officials said in separate announcements that the state health department has lifted a boil-water notice that had been in place since July 29 in the city of 150,000. ‘We have restored clean water to the city of Jackson,’ the Republican governor said during a news conference. However, a state health department official, Jim Craig, said households with pregnant women or young children should take precautions because of lead levels previously found in some homes on the Jackson water system. Craig said although recent testing showed "no lead or lead below the action levels" set by EPA, people should continue to avoid using city water to prepare baby formula.” [Politico, 9/16/22 (=)]
Even The EPA’s Allies Question The Plan For Regulating PFAS. According to The Hill, “In a push for what they say is a move to help protect people and the environment from hazardous chemicals, the Environmental Protection Agency (EPA) under President Biden is moving to regulate certain categories of chemicals. The EPA claims it is protecting people and the environment from hazardous substances — principles that, in a vacuum, most Americans would support. But the benefit of the doubt very rapidly runs into the reality of the details of what exactly the EPA is proposing, the supposed reasoning for why, and how regulators want to impose this rule. The EPA wants to regulate certain chemicals called polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, the law that established federal authority to regulate hazardous substances.” [The Hill, 9/18/22 (=)]
PFAS Health Advisory Not Judicially Reviewable, EPA Tells Court. According to Bloomberg Law, “The Chemours Co. cannot challenge a health advisory about two PFAS it makes, because the advisory imposes no legal obligations, the EPA told a federal court in a motion likely to foreshadow arguments in a second, similar case. The Environmental Protection Agency asked the US Court of Appeals for the Third Circuit to dismiss a petition Chemours filed in July. Chemours asked the court to review a health advisory the EPA issued in June. The agency said people’s health would be unlikely to be harmed if their consumption of two PFAS—hexafluoropropylene oxide dimer acid (HFPO-DA) and its ammonium salt, called ...” [Bloomberg Law, 9/16/22 (=)]
Tribe, Washington County Reach $5M Deal Over Sewage Spills. According to Politico, “Washington state's most populous county is set to pay more than $5 million to settle a threatened lawsuit from the Suquamish Tribe over sewage spills that have overflowed from King County treatment plants into Puget Sound. In 2020, the tribe filed an intent to sue the county, documenting almost a dozen times in 2018 and 2019 when untreated or improperly treated sewage overflowed into the Puget Sound from the West Point Treatment Plant in Seattle. The facility is the largest sewage treatment plant in Washington and the third-largest on the West Coast. The discharges added up to more than 6 million gallons.” [Politico, 9/16/22 (=)]
Decades Of Systemic Racism Seen As Root Of Jackson Mississippi Water Crisis. According to PBS, “Carey Wooten spent nearly seven weeks hunting for safe drinking water for herself, her two children and three dogs after clocking out each day as a Taco Bell manager, so Gov. Tate Reeves’ announcement that the water is clean again in Mississippi’s capital came as welcome news. But the crisis in the city of Jackson isn’t over, even if its boil-water advisory was lifted on Thursday. While the state plans to stop handing out free bottled water at sites around the city Saturday night, the city said water pressure still hasn’t been fully restored, and state health officials said lead in some pipes remains so worrisome that pregnant women and young children should still use bottled water.” [PBS, 9/16/22 (=)]
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