Tag Archives: WOTUS

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

Waterkeeper Alliance supports Clean Water Act

Suwannee Riverkeeper is among the signatories on the comments Waterkeeper Alliance sent in the rulemaking on redefining Waters of the U.S. (WOTUS). Protecting feeder streams and wetlands is important also to prevent floods such as we had in 2009 and 2013, which caused massive sewage overflows.

Waterkeeper Alliance, PR, 28 September 2017, Proposed Revisions to WOTUS Reduce Clean Water Protections: EPA and the Corps’ attempts to revoke Clean Water Act protections from waters is an illegal effort that puts drinking water and public health at risk

WKA logo

Waterkeeper Alliance, Center for Biological Diversity, Center for Food Safety, Turtle Island Restoration Network, and 115 Waterkeeper Organizations and Affiliates submitted comments to the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) urging Continue reading