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The Clean Water Act’s 50th Anniversary

October 18, 2022, marked the anniversary of the Clean Water Act (CWA), the primary federal law governing pollution control and quality of the waters of the United States. Though the Act has achieved vital successes, whether they can be sustained and how further progress can be made remain fundamental questions. On October 25, 2022, the Environmental Law Institute hosted a panel of experts at its 2022 Annual Policy Forum to evaluate the past 50 years of the CWA, while looking ahead to the next 50 years.

87 FR 74361

EPA proposed revisions to the federal CWA water quality standards regulation to clarify and prescribe how water quality standards must protect aquatic and aquatic-dependent resources reserved to tribes through treaties, statutes, executive orders, or other sources of federal law, where applicable.

87 FR 73965

EPA clarified its NPDES Stormwater Phase II regulations due to recent changes made by the Census Bureau; changes are limited to clarifying that the designation criteria for small municipal separate storm sewer systems would remain the same.

87 FR 74066

EPA proposed to clarify its NPDES Stormwater Phase II regulations due to recent changes made by the Census Bureau; changes would be limited to clarifying that the designation criteria for small municipal separate storm sewer systems would remain the same.

87 FR 73323

The Bureau of Ocean Energy Management announced that it will open and publicly announce bids received for blocks offered in the Cook Inlet Planning Area Outer Continental Shelf Oil and Gas Lease Sale 258 as required by the Inflation Reduction Act of 2022.

87 FR 73322

The Bureau of Ocean Energy Management announced the availability of the record of decision for the Cook Inlet Outer Continental Shelf Oil and Gas Lease Sale 258, identifying the alternative for Lease Sale 258 that excludes the 17 outer continental shelf blocks wholly or partially overlapping beluga whale and northern sea otter critical habitats.

87 FR 69342

United States v. Prairie State Solar, LLC, No. 3:22-cv-02660 (S.D. Ill. Nov. 14, 2022). A settling CWA defendant that allegedly violated its state stormwater permit during construction of a large-scale solar farm in Perry County, Illinois, must perform injunctive relief measures to ensure compliance until construction is complete and the stormwater permit is terminated, and pay a civil penalty of $225,000, with $157,500 to the United States and $67,500 to the state of Illinois.

87 FR 69343

United States v. Big River Solar, LLC, No. 3:22-cv-02659 (S.D. Ill. Nov. 14, 2022). A settling CWA defendant that allegedly violated its state stormwater permit during construction of a large-scale solar farm in White County, Illinois, must perform injunctive relief measures to ensure compliance until construction is complete and the stormwater permit is terminated, and pay a civil penalty of $175,000, with $122,500 to the United States and $52,500 to the state of Illinois.

87 FR 69183

EPA finalized protective and science-based federal human health criteria to protect Washington's waters, including waters where tribes hold treaty-reserved rights to fish.

87 FR 68727

United States v. Elyria, City of, No. 22-cv-02026 (N.D. Ohio Nov. 9, 2022). A settling CWA defendant that allegedly violated a prior consent judgment related to discharges of pollutants from the city's sewer system must pay a $100,000 civil penalty to the United States and $100,000 into Ohio's Surface Water Improvement Fund, and implement an Integrated Wet Weather Control Plan to be completed by December 31, 2044.