The City and County of San Francisco (“San Francisco”) petitioned the Environmental Appeals Board to review U.S. Environmental Protection Agency’s (“EPA’s”) Region 9 (“Region”) authorization to discharge under the National Pollutant Discharge Elimination System (“NPDES”) permitting program of the Clean Water Act.
Diné Citizens Against Ruining the Environment, San Juan Citizens Alliance, Amigos Bravos, Center for Biological Diversity, and Sierra Club (collectively, “Petitioners”) filed a petition with the Environmental Appeals Board (“Board”) seeking review on several grounds of a National Pollutant Discharge Elimination System (“NPDES”) permit renewal issued by Region 9 of the U.S. Environmental Protection Agency to the Arizona Public Service Company (“APS”).
The City of Lowell, Massachusetts (“City”) petitioned the Environmental Appeals Board (“Board”) to review a National Pollutant Discharge Elimination System (“NPDES”) permit that the United States Environmental Protection Agency Region 1 (“Region”) issued to the City pursuant to the Clean Water Act. The permit authorizes the City to discharge wastewater effluent from its regional wastewater treatment facility and several combined sewer overflow outfalls into the Merrimack River and two nearby tributaries. The permit on which the City seeks review is a renewal of a permit issued in 2005.
The Incorporated County of Los Alamos, New Mexico (“County”), filed a petition for review (“Petition”) with the Environmental Appeals Board (“Board”) under 40 C.F.R. § 124.19. The Petition seeks Board review of a designation decision by U.S. EPA Region 6 (“Region”) pursuant to section 402(p)(2)(E) of the Clean Water Act (“CWA”), 33 U.S.C. § 1342(p)(2)(E), and 40 C.F.R.
The Idaho Conservation League (“League”) has petitioned for review of the effluent discharge limits in a National Pollution Discharge Elimination System (“NPDES”) permit issued by the U.S. Environmental Protection Agency, Region 10, to the City of Sandpoint, Idaho, for Sandpoint’s wastewater treatment facility. In its petition, the League objects to the size of the mixing zones used to set the effluent limits for phosphorus discharges in the City of Sandpoint’s permit.
This Comment examines the legal framework for state protection of nonfederal waters and its implications for cooperative federalism. After a brief overview and legal background, it identifies some recent state actions that attempt to fill gaps in coverage created by changes in federal interpretations of the Clean Water Act. It then summarizes the current scope of state regulation of waters in every state, in order to discern the likely impact of changes at the federal level on the status of waters in the states. Finally, updating an analysis done by the Environmental Law Institute in 2013, it examines legal constraints on the ability of state agencies to engage in gap-filling regulations; and discusses the implications of impending changes that may result from federal court decisions, including the U.S. Supreme Court’s pending consideration of Sackett v. Environmental Protection Agency in its October 2022 term.
would enact the Section 401 Certification Rule.
would amend the FWPCA to reauthorize and modify the Lake Champlain Basin Program.
would amend the FWPCA to reauthorize and modify the Lake Champlain Basin Program.
would require the Secretary of the Army and the Administrator of EPA to conduct a study analyzing the cost to permit applicants and permit holders of complying with §§402 and 404 of the FWPCA.