The U.S. Supreme Court will hear oral arguments in April 2013, in the matter of Tarrant Regional Water District v. Herrmann. While the specifics of the case pertain to a dispute between Texas and Oklahoma over water from the Red River, the court’s ruling will be watched closely by the numerous interstate compacts that regulate shared bodies of water. 

Stateline Midwest ~ February 2013

In December, water levels on lakes Michigan and Huron reached an all-time recorded low. And concerns about this trend have never been higher — as reflected in much of the discussion at a January meeting in Chicago that explored the new Great Lakes Water Quality Agreement.

For the first time in its 41-year history, the binational pact makes adapting to climate change a priority for action on both sides of the border. 

Though they have always fluctuated, the recent low readings in lakes Michigan and Huron have led many to conclude that “we have reached a tipping point,” noted John Nevin of the International Joint Commission (IJC), with warmer air and water temperatures leading to increased evaporation of Great Lakes waters.

Stateline Midwest ~ February 2013

In December, water levels on lakes Michigan and Huron reached an all-time recorded low. And concerns about this trend have never been higher — as reflected in much of the discussion at a January meeting in Chicago that explored the new Great Lakes Water Quality Agreement.

For the first time in its 41-year history, the binational pact makes adapting to climate change a priority for action on both sides of the border. 

Though they have always fluctuated, the recent low readings in lakes Michigan and Huron have led many to conclude that “we have reached a tipping point,” noted John Nevin of the International Joint Commission (IJC), with warmer air and water temperatures leading to increased evaporation of Great Lakes waters.

Stateline Midwest ~ March 2013

Since 2009, an unprecedented amount of federal money has been flowing into this region to protect and restore the Great Lakes.

On top of other existing programs in place, more than $1 billion has been allocated through the Great Lakes Restoration Initiative — viewed at the time and now as a historic commitment by the federal government to clean up the lakes and protect them from ongoing threats such as invasive species.

But it is unclear whether similar levels of help can be expected on Great Lakes projects in the future, due to budget concerns and policy gridlock in the nation’s capital.

When Congress passed the Clean Water Act in 1972, it was fairly vague about which bodies of water would be protected by the new legislation. Supreme Court rulings over the past 12 years have done little to add much clarity to the issue.  “In 1972, Congress enacted the Clean Water Act and indicated that all its programs were designed to protect the navigable waters,” said Donna Downing, an attorney in the U.S. Environmental Protection Agency's Office of Water. “Then in the act they defined navigable waters as meaning waters of the United States, including the territorial seas. That’s all the statute says about what waters are protected and subject to all those different Clean Water Act programs.”

CSG’s webinar, “The Clean Water Act and Waters of the U.S.,” helped state policymakers unravel the complex legal issues involving the limits and scope of federal regulatory jurisdiction over “navigable waters of the U.S.” in the Clean Water Act. The timing of the webinar is important as the Obama administration announced its intention December 2012 to pursue a federal rulemaking that may ultimately chart a path forward for states and other stakeholders after two ambiguous decisions made by the Supreme Court and more than four years of agency guidance.

Be sure to register for tomorrow's webinar entitled: "The Clean Water Act and Waters of the U.S." In light of the Obama Administration's recent announcement that a rule may be forthcoming in 2013 which may settle the high-profile dispute with the limits of federal jurisdictional authority over "waters of the U.S.", you will want to participate in this informative event. The webinar will be tomorrow, February 21 at 2PM/Eastern and registration information can be found here.

Be sure to mark your calendar on February 21 at 2 PM/Eastern for the latest event in CSG's webinar series entitled: "The Clean Water Act and Waters of the U.S." In light of the Obama Administration's recent announcement that a rule may be forthcoming in 2013 which may settle the high-profile dispute with the limits of federal jurisdictional authority over "waters of the U.S.", you will want to participate in this informative event.