On October 3rd, 2022, the Supreme Court heard the oral argument for the first case of its 2022-2023 term: Sackett v. EPA. The case calls into question the definition of “Waters of the United States” (WOTUS), as it will decide the proper test to determine which wetlands are considered WOTUS, and therefore subject to federal […]
The Nevada Division of Environmental Protection (NDEP) seeks public comments to its Draft Water Quality Integrated report. The public comment period for Nevada’s 2020-2022 Draft Water Quality Integrated Report closes on December 31, 2021. On November 22, 2021, NDEP published its Public Notice, inviting comment on the Draft Nevada 2020-2022 Water Quality Integrated Report. The
NDEP Seeks Public Comments to Water Quality Integrated Report Read More »
Wetlands delineation and the Clean Water Act have come into focus again. You may be about to invest in cleaning ditches or drains, or raising or deepening your reservoir or pond. Before you do, participate in this webinar to Laura Schroeder and Therese Ure Stix together with Andrea Rabe of Rabe Consulting will present an
Wetlands Delineation: Canals, Ponds, Drainage Read More »
The Idaho Senate introduced ten water related bills this legislative session in addition to the twelve the House introduced. Like many of the House bills, some of the water related Senate bills already passed both houses. Others are in various stages of committee or legislative review. The Senate bills considered this legislative session are briefly
Idaho Senate Introduced Ten Water Bills Read More »
The State of the Water Industry Survey In the June 2020 issue of Opflow, the American Water Works Association published a survey of 3,351 water industry professionals. The State of the Water Industry (SOTWI) survey identifies challenges to the water industry and seeks to understand their causes. Several issues regarding water resource management made the
Survey by AWWA Details Challenges Facing the Water Industry Read More »
April 22, 2020 is the 50th anniversary of the first Earth Day, a global holiday that unites citizens of the Earth to take better care of our planet. Earth Day was initially proposed by Wisconsin Senator Gaylord Nelson as a way to bring awareness to ongoing ecological issues and concerns. It took place on April
Earth Day 2020: 50 Years of Environmental Awareness Read More »
The public comment period for Nevada’s 2016-2018 Draft Water Quality Integrated Report closes on January 30, 2020. On December 26, 2019, the Nevada Division of Environmental Protection (NDEP) published its Public Notice, inviting comment on the Draft Nevada 2016-2018 Water Quality Integrated Report. The report was prepared in accordance with the Clean Water Act, §§ 303(d),
PUBLIC COMMENT PERIOD FOR NEVADA’S DRAFT WATER QUALITY REPORT CLOSES ON JANUARY 30, 2020 Read More »
Last month, the Environmental Protection Agency (EPA) and the Army Corps of Engineers announced the repeal of the 2015 Waters of the United States (WOTUS) rule. The controversial 2015 rule incorporated changes to 1986 and 1988 regulations and incorporated the “significant nexus” standard articulated by Justice Kennedy’s concurrence in Rapanos v. United States, 547 U.S.
EPA Repeals 2015 WOTUS Rule Read More »
Starting September 29, 2019, natural gas providers in Oregon will have a new, renewable way of powering their customers’ homes. Governor Kate Brown executed a new law at the end of July, 2019 allowing capture, treatment, and conversion of methane found in wastewater into renewable natural gas (“RNG” or “biogas”), which can then be used
S.B. 98 Broadens Ability to Turn Wastewater into Renewable Natural Gas Read More »
The Public Trust Doctrine is seeping to California’s aquifers, bringing something like conjunctive surface water and groundwater management to the state. Conjunctive management is a legal approach to managing surface water and groundwater as an interconnected resource. Often states separate the regulation of groundwater from surface water. Conjunctive management attempts to reconnect the regulation of
The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (“agencies”) issued a supplemental notice of proposed rulemaking to seek additional comments on the repeal of the 2015 “waters of the United States” rule under the Clean Water Act (“2015 WOTUS Rule”). In July 2017, the agencies first issued a notice of
EPA and Army Corps Issue Additional WOTUS Comment Period Read More »
On February 1, 2018, the Ninth Circuit Court of Appeals upheld the “groundwater conduit theory,” whereby a discharge of pollutants into groundwater that is fairly traceable to a navigable surface water is the functional equivalent of a discharge directly into the navigable water body for the purpose of regulation under the Clean Water Act. This
Ninth Circuit Upholds Groundwater Conduit Theory Read More »
In 2015, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued a joint administrative rule, the “WOTUS Rule,” attempting to define the statutory term “waters of the United States” within the Clean Water Act (“CWA”) in order to more clearly define the agencies’ jurisdiction. Schroeder Law Offices summarized the background and
WOTUS Rule Litigation Update Read More »
After the 1969 oil spill in Santa Barbara, Senator Gaylord Nelson from Wisconsin appealed to the student anti-war movement and worked with them to bring the ideas of air and water pollution to the public consciousness. In 1970, Senator Nelson was inspired to create Earth Day as he was worried about the rate of the
April 22nd is Earth Day! Read More »
The Nevada Division of Environmental Protection (“NDEP”) has been evaluating nonpoint source water pollution, occurring when rain, snowmelt and irrigated water flowing over developed land carries contaminants into Nevada waterways. Accordingly, NDEP implemented a Nonpoint Source Grant Program to provide funding to qualifying state, regional and county agencies, as well as conservation districts and nonprofit
New Grants Awarded to Improve Surface Waters in Nevada Read More »
The Clean Water Act is an issue of gathering significance with the Environmental Protection Agency and adoption of a newly defined “waters of the United States” (“WOTUS”), wherein civil and criminal penalties can attach if pollutant is discharged into jurisdictional waters. Thus, whether water is defined as “jurisdictional” becomes an important significance. On May 31,
U.S. Supreme Court Rules CWA Jurisdiction Reviewable in Federal Court Read More »
On June 29, 2015 the Environmental Protection Agency (“EPA”) published a new rule under the Clean Water Act, re-defining “Waters of the United States,” and sought to expand federal jurisdiction over certain water sources. The new rule was set to go into effect on August 28, 2015. Due to the implications and potential effect the
Court Grants Injunction to EPA Rule Read More »
NINTH CIRCUIT UPHOLDS RULING — NPDES PERMITS ARE NOT REQUIRED FOR TRANSFERS OF WATER IN THE KLAMATH BASIN ONRC Action v. United States Bureau of Reclamation (9th Cir. Or. Aug. 21, 2015) cdn.ca9.uscourts.gov/datastore/opinions/2015/08/21/12-35831.pdf The Ninth Circuit Court of Appeals was recently presented with the issue of whether the Bureau of Reclamation violated the Clean Water
Ninth Circuit – Klamath Straits Drain and Clean Water Act Read More »
Turbid Waters: The Interaction Between Interbasin Transfer and the Clean Water Act By Laura A. Schroeder and Kendall A. Woodcock Introduction: In Nevada, large scale interbasin transfer of water from rural areas is increasingly seen as a solution to the problem of dwindling water supply and steadily rising urban demand. Whether such interbasin transfers are
Interbasin Transfer, Clean Water Act Read More »
Schroeder Law Offices first highlighted the proposed rule change to the Clean Water Act in a May blog posting. Growing opposition to the rule has caused the Environmental Protection Agency (“EPA”) to extend the public comment period through October 20, 2014 from the original comment deadline of July 21. Opponents and supporters characterize the Revisions
Update: Proposed Rule for the Clean Water Act Pubilshed April 21, 2014 Read More »
