John M. Lain, Benne C. Hutson, Dale G. Mullen, James A. Thornhill and Heather Nixon Stevenson
February 5, 2015
There are a handful of legal and regulatory issues on the horizon in 2015 that are worth watching. Some of these issues, like the U.S. Environmental Protection Agency’s (EPA’s) Cooling Water Rule and the U.S. Army Corps of Engineers’ and EPA’s Clean Water Act jurisdictional rule, have been around for a while and new chapters are due to unfold. Others, like the Financial Capability Assessment for Municipal Clean Water Act, are new this year. Each of these has the potential to produce significant effects on the regulated community.
Finalization of Clean Water Act Jurisdiction Rule
In April of 2014, EPA and the Corps of Engineers issued a draft rule seeking to clarify the scope of what qualifies as a water of the United States and is subject to Clean Water Act (CWA) permitting. The draft rule’s critics, and there are many, believe the draft rule goes too far in extending the reach of CWA jurisdiction. EPA has given a target date of April 2015 to finalize the rule.