CDP: Waterways Clips: February 14, 2023
Biden Administration Jumps The Gun On ‘Navigable Waters’ Rule. According to The Hill, “The Biden administration recently published its final definition of “navigable waters” — establishing the scope of federal power to regulate private property under the Clean Water Act. This is the relevant agencies’ — Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers — fourth attempt at crafting such a definition in the past 15 years. That history of confusion raises the question: Why finalize this rule now, when the Supreme Court is poised to provide much needed clarity and stability in Sackett v. EPA? (The case was brought by Pacific Legal Foundation, where we work.) It is hard to see how the definition will do anything more than confuse matters more, further victimizing a regulated public that must conform, at enormous cost, to the government’s shifting standards.” [The Hill, 2/13/23 (=)]
States With Fracking Disclosure Rules Have Higher Water Quality: Study. According to The Hill, “Increasing transparency requirements around fracking activity and the specific fluids used in the process are associated with lower pollution levels from that activity, new research shows. A recent study from the University of Chicago’s Energy Policy Institute examined water quality in watersheds where fracking occurred. Specifically, researchers analyzed salt concentration, a common indicator for fracking impact due to its associated health and development hazards. They found consistent improvement on this benchmark in cases where the state imposed disclosure rules. In states with transparency rules, salt concentration fell by up to 17.8 percent. In contrast, their research found no comparable decline for pollutants not specifically associated with the fracking process.” [The Hill, 2/13/23 (=)]
EPA Announces New 'Forever Chemicals' Water Aid. According to Politico, “Communities desperate for relief from "forever chemicals" in their drinking water are receiving a boost from EPA at a tense moment that has seen impacted residents across the country growing frustrated with the Biden administration. During a press briefing Monday morning in the town of Maysville, N.C., EPA Administrator Michael Regan announced that some $2 billion from the bipartisan infrastructure law will be made available to address "emerging contaminants," including PFAS. That investment is meant to help struggling areas as they grapple with pollutants in their drinking water coupled with mounting health concerns.” [Politico, 2/13/23 (+)]
Interior Releases Funds To Colorado River Conservation Program. According to Politico, “The Interior Department announced Monday it will release up to $125 million in federal funds to pay water rights holders on the Colorado River to temporarily forgo their allocations, as part of a larger effort to reduce pressure on the drought-stricken waterway. The funds, authorized in the $1.7 trillion fiscal 2023 omnibus spending bill, will be used for the Upper Basin System Conservation Pilot Program (E&E News PM, Dec. 20, 2022).” [Politico, 2/13/23 (=)]
Hickenlooper Rallies Senators To Help Accelerate Colorado River Compromise. According to The Hill, “Keeping the Colorado River flowing will require concessions from seven sparring states — but Congress may have the financial mobility to help get them there, according to Sen. John Hickenlooper (D-Colo.). “We are working in a bipartisan fashion at this point,” he told The Hill on Monday. “There’s a recognition that a lot of people’s livelihoods are at stake, and there’s a real urgency.” Hickenlooper is at the helm of the new Colorado River Caucus — a cohort of senators from both sides of the aisle who intend to help the states agree on consumption cutbacks.” [The Hill, 2/13/23 (=)]
3 More Chemicals Discovered In Ohio Train Derailment. According to The Hill, “Three more chemicals have been found on the Norfolk Southern train that derailed in Ohio just over a week ago, and they are being described as dangerous. “We basically nuked a town with chemicals so we could get a railroad open,” said Sil Caggiano, a hazardous materials specialist. The U.S. Environmental Protection Agency sent a letter to Norfolk Southern stating that ethylene glycol monobutyl ether, ethylhexyl acrylate and isobutylene were also in the rail cars that were derailed, breached and/or on fire.” [The Hill, 2/13/23 (-)]
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