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88 FR 85530

EPA proposed to establish new and revised human health water quality criteria for certain pollutants in the state of Florida. 

88 FR 85326

United States v. Chattanooga, City of, No. 1:12-cv-00245 (E.D. Tenn. Dec. 3, 2023). A proposed modification to an existing consent decree concerning a settling CWA defendant’s alleged violations with respect to the city's POTWs extends certain deadlines to achieve compliance with the consent decree while adding significant remedial projects that must be completed within five years. 

88 FR 84878

EPA proposed revisions to the National Primary Drinking Water Regulation for lead and copper under the SDWA, including requiring water systems to replace lead service lines, remove the lead trigger level, reduce the lead action level to 0.010 mg/L, and strengthen tap sampling procedures.

Idaho Conservation League v. Poe

The Ninth Circuit affirmed summary judgment for an environmental group in a suit against a California resident who engaged in instream suction dredge mining in Idaho’s South Fork Clearwater River without an NPDES permit. The group argued the resident violated the CWA each time he operated a suctio...

88 FR 83937

EPA Region 6 announced an initial revised designation determination that stormwater discharges from the Los Alamos Urban Area (as defined by the latest decennial Census) and Los Alamos National Laboratory property in Los Alamos County and Santa Fe County, New Mexico, are contributing to violations of New Mexico water quality standards and require NPDES permit coverage under the CWA.

Unpacking the Revised WOTUS Rule

On August 29, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers issued a direct final rule that revised the “waters of the United States” (WOTUS) definition rule. This rule amended the final WOTUS rule, previously published in January 2023, to be consistent with the Supreme Court’s May decision in Sackett v. Environmental Protection Agency. On September 14, the Environmental Law Institute hosted a panel of experts to analyze the new rule and discuss its regulatory and policy consequences.