Tag Archives: Waters of the U.S.

EPA considering abandoning Floridan Aquifer?

The new water rule EPA plans to propose may be much more about all our drinking water underground in Florida and south Georgia than about anybody’s private pond.

Stacey H. Mitchell, David H. Quigley and Bryan Williamson, Akin Gump Strauss Hauer & Feld LLP, 11 December 2018, United States: Dipping Its Toe In The Groundwater? Supreme Court Eyes Expedited Review For Clean Water Act Case,

Specifically, the Court aims to address a circuit split among the 4th, 5th and 9th Circuits in determining whether only direct discharges to “navigable waters” (rivers, lakes and other surface waters, for example) are covered or whether groundwater that is “hydrologically connected to surface water” is subject to Clean Water Act (CWA) pollution discharge requirements.2 Groundwater—that is, water held beneath the soil or in between rock structures—does not fall under CWA jurisdiction. Nevertheless, the U.S. Environmental Protection Agency (EPA), for many years, maintained that pollutants that flow with a direct and immediate hydrologic connection through groundwater into surface waters are properly regulated under the CWA.3 Environmentalists agree with EPA’s long-standing position, while many in industry say that the agency is reaching beyond its scope.

Surface water interchanges with groundwater all the time here in the southeast coastal plain, where we all drink with straws from the groundwater.


Figure from same USGS study as below.

This SCOTUS case appears to be related to the forthcoming EPA rule change proposal that has been all over the news lately. More from the same article: Continue reading

SELC against proposed suspension of Clean Water Rule 2017-12-13

Yesterday, the Southern Environmental Law Center (SELC) submitted a sixteen-page letter against the EPA’s proposed suspension of the Clean Water Rule, on behalf fifty-six organizations including WWALS.10

Struggling to eliminate, Letter Much of that letter could as easily apply to today’s foregone vote to eliminate the FCC’s net neutrality rule. FCC Chairman Ajit Pai’s “‘unalterably closed’” views should have been enough for him to recuse himself. The three FCC Commissioners for the elimination of net neutrality made it clear they were not paying attention to the millions of public comments, despite requirements of the Administrative Procedure Act to do so. Chairman Pai with perhaps unintentional irony even argued that there was no need to hold public hearings since far more people commented online, which of course is only possible through an open Internet. Nevermind that the FCC appears to be ignoring those comments.

Similarly, the EPA does not seem to be paying attention to the “more than 680,000 public comments” on the Clean Water Rule repeal beyond taking only six days to come up with a two year delay in implementation of that rule.

The SELC letter to the EPA even cites two cases against the FCC when it says: Continue reading