CSG Midwest
When Charles Fishman, author of the acclaimed book “The Big Thirst,” praised the Great Lakes compact this summer at the Midwestern Legislative Conference Annual Meeting, he also called for Kansas and Nebraska to lead an effort to create a similar interstate agreement to protect the Ogallala Aquifer....

Since April, environmental groups in Colorado have been working to gather signatures for two statewide initiatives that would amend the state constitution to increase regulatory control on energy industries. Coloradans Resisting Extreme Energy Development submitted two measures, Initiatives 75 and 78, that would grant local governments the authority to regulate energy industry development and establish that facilities be at least 2,500 feet from an occupied structure.

A new study conducted by the economic research group Power Consulting suggests that the overall costs of operating the Glen Canyon Dam on the Colorado River in Northern Arizona may outweigh the benefits of increased electricity production.

Since 2009, several states throughout the nation have begun to restrict the use of felt-soled wader and wading boots. States are changing standards in an attempt to decrease the spread of invasive species that the boots cause.

In United States Army Corp of Engineers v. Hawkes the Supreme Court ruled unanimously that an approved jurisdictional determination that property contains “waters of the United States” may be immediately reviewed in court. The State and Local Legal Center (SLLC) filed an amicus brief in this case arguing in favor of this result.  

CSG Midwest
Michigan Gov. Rick Snyder has proposed tightening the state’s lead level guidelines to 10 parts per billion by 2020, stricter than the current federal mark of 15 ppb. The proposed change, announced at a meeting of the Flint Water Interagency Coordinating Committee, is part of a package of proposals that also includes annual water testing at day care centers and schools as well as a requirement that local governments create inventories of lead water pipes and then develop plans to replace them.
CSG Midwest
The end of a years-long journey by a Wisconsin town to use the Great Lakes for its supply of drinking water appears near, and the entire process has helped mark the beginning of a new era in regionwide management of this invaluable resource.

The authorizing committees in both the House and Senate are taking steps toward developing a new Water Resources Development Act (WRDA) in 2016, which provides the authorization for U.S. Army Corps of Engineers activities undertaken to meet the demands of maintaining navigable channels, reducing flood and storm damage, and restoring aquatic ecosystems throughout the country. Once a biennial affair, only two WRDA authorizations have been enacted in the last 14 years.  The 2014 bill marked the first WRDA passage in seven years....

The issue in U.S. Army Corp of Engineers v. Hawkes is whether a court may review an Army Corp of Engineers “jurisdictional determination” (JD) that property contains “waters of the United States” (WOTUS) per the Clean Water Act. The State and Local Legal Center (SLLC) filed an amicus brief arguing in favor of court review.

Hawkes wanted to mine peat from wetland property in Minnesota. The Army Corp of Engineers issued a JD that the property contained WOTUS because it was connected by culverts and unnamed streams to a traditional navigable water way about 120 miles away.

In a 2-1 decision the Sixth Circuit Court of Appeals ruled that it—rather than a federal district court—has jurisdiction to decide whether the Clean Water Rule, clarifying the scope of the “waters of the United States (WOTUS),” exceeds the Environmental Protection Agency’s (EPA) authority.

In October the Sixth Circuit assumed it had jurisdiction and issued a temporary nationwide stay of the rule. The WOTUS rule defines “waters the United States,” according to the EPA, “through increased use of bright-line boundaries” to make “the process of identifying waters protected under the Clean Water Act easier to understand, more predictable and consistent with the law and peer reviewed science, while protecting the streams and wetlands that form the foundation of our nation’s water resources.”

Pages