Water

CSG Midwest
Federal laws and regulations on the environment often serve only as a “floor,” with states having the leeway to enact tougher rules or statutes of their own. However, some state legislatures and governors have adopted measures (either state laws or executive orders) designed to rein in the actions of their own environmental agencies. Most recently, in February, Indiana’s HB 1082 became law. It applies to any Department of Environmental Management rule that is “more stringent than a restriction or requirement imposed under federal law” or “applies in a subject area in which federal law does not impose a restriction or requirement.”

President Trump’s executive order Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the "Waters of the United States" Rule calls for the “rescinding or revising” of the Waters of the United States (WOTUS) definitional rule published in the summer of 2015. Many state and local governments objected to the broad nature of these regulations, in particular to the expansive definition of ditches and the ambiguous definition of tributaries.  

The executive order acknowledges that rewriting the WOTUS definitional regulations will require going through the lengthy and complicated process under the Administrative Procedures Act which the 2015 final regulations went through. This process involves proposing a new rule, receiving and responding to (likely thousands) of comments, and issuing a final rule.

President Trump’s executive order Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the "Waters of the United States" Rule calls for the “rescinding or revising” of the Waters of the United States (WOTUS) definitional rule published in the summer of 2015. Many state and local governments objected to the broad nature of these regulations, in particular to the expansive definition of ditches and the ambiguous definition of tributaries.  

The executive order acknowledges that rewriting the WOTUS definitional regulations will require going through the lengthy and complicated process under the Administrative Procedures Act which the 2015 final regulations went through. This process involves proposing a new rule, receiving and responding to (likely thousands) of comments, and issuing a final rule.

President Trump’s executive order Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the "Waters of the United States" Rule calls for the “rescinding or revising” of the Waters of the United States (WOTUS) definitional rule published in the summer of 2015. Many state and local governments objected to the broad nature of these regulations, in particular to the expansive definition of ditches and the ambiguous definition of tributaries.  

The executive order acknowledges that rewriting the WOTUS definitional regulations will require going through the lengthy and complicated process under the Administrative Procedures Act which the 2015 final regulations went through. This process involves proposing a new rule, receiving and responding to (likely thousands) of comments, and issuing a final rule.

President Trump signed an executive order yesterday directing the U.S. Army Corps of Engineers and the Environmental Protection Agency to “review and reconsider” the Obama administration’s controversial “Waters of the U.S.” (WOTUS) rule under the Clean Water Act (CWA).

CSG Midwest
Some schools and day care facilities in Illinois must have their water tested for lead under a bill passed and signed into law in January. The new requirements apply to buildings constructed before 2000 where pre-kindergarten through fifth-grade classes are held. 

More than 30 interstate compacts govern the use of water from shared lakes and rivers in the United States. However, there is not a single legal agreement in place between states to guide the apportionment of groundwater that crosses state lines. In 2013, Nevada and Utah appeared poised to be the first two states to reach such an agreement, but ultimately they failed. Now, with a longstanding groundwater dispute between Mississippi and Tennessee headed for the U.S. Supreme Court, a legal precedent governing the apportionment of interstate groundwater is imminent. This webinar, presented by CSG South/Southern Legislative Conference and CSG West, explores the possible outcomes of Mississippi v. Tennessee, implications for interstate groundwater policy and the role of interstate compacts in resolving water disputes between states. 

CSG Midwest
After a tumultuous year in national politics, and in advance of a new U.S. Congress and presidential administration, advocates of Great Lakes protection and restoration won some important legislative victories at the tail end of 2016. Those accomplishments, perhaps most notably a formal authorization of the Great Lakes Restoration Initiative, provide the region with some much-needed certainty about federal Great Lakes policy during a period of change in Washington, D.C., said Chad Lord, policy director of the Healing Our Waters Coalition.

The Supreme Court has agreed to decide whether federal courts of appeals versus federal district courts (lower courts) have the authority to rule whether the “waters of the United States” (WOTUS) regulations are lawful.

Numerous states and local governments have challenged the WOTUS regulations. In National Association of Manufacturers v. Department of Defense the Supreme Court will not rule whether the regulations are lawful. Instead, they will simply decide which court gets to take the first crack at deciding whether they are lawful.

CSG Midwest
Though it likely won’t change much of the work already under way to protect western Lake Erie from excessive algal blooms, Michigan’s recent designation of its part of the watershed as “impaired” signals the importance of reaching new binational goals to control phosphorus runoff.
Every two years, as part of compliance with the Clean Water Act, all states must determine which of their water bodies are polluted and/or don’t meet water quality standards. They then submit their impairment list to the U.S. Environmental Protection. The new designation for western Lake Erie is due to the presence of extensive algal blooms and their harmful impact on aquatic life and other wildlife, Michigan environmental officials say. The blooms are the result of excessive levels of phosphorus.

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