EPA has proposed to establish “baseline” water quality standards that would apply to all Indian reservation waters where the tribe has not received “treatment as a state” (TAS) authority, the state does not have authority,...more
Yesterday, EPA announced a proposed rule that would revise the agency’s regulations to include a requirement that water quality standards protect reserved tribal treaty rights. This proposal is a major milestone for the...more
In a move consistent with EPA’s recent uptick in oversight of state regulatory programs, EPA has proposed to establish federal water quality standards (WQS) for human health criteria (HHC) for Washington state. The proposal...more
Developments in water law and policy are highly relevant to our way of life. Drawing from their wealth of experience as defense attorneys, prosecutors, policy makers, and most recently having run the Office of Water at the...more
Dave Ross talks with Radhika Fox as she marks her one year anniversary as EPA’s Assistant Administrator for Water. They discuss how her prior experiences prepared her for the role at EPA and her desire to change the narrative...more
Reflections on Water focuses on developments in water law and policy through interviews with water sector leaders....more
On October 21, the U.S. District Court for the Northern District of California vacated and remanded the U.S. Environmental Protection Agency’s (EPA) 2020 Clean Water Act Section 401 final rule (Certification Rule)....more
The Environmental Protection Agency (EPA) has initiated two rulemaking actions, both expected to be proposed in early 2022, that could change the way the Clean Water Act (CWA) is administered across the country. ...more
On August 13, EPA finalized Clean Water Act (Act) Section 304(a) recommended criteria for phosphorus and nitrogen in lakes and reservoirs. The new recommendations incorporate scientific models that states and tribes with...more
There has been a longstanding debate about how to apply the one-year time limit on Clean Water Act Section 401 certification decisions. The D.C. Circuit court in Hoopa Valley Tribe v. FERC, 913 F.3d 1099 (D.C. Cir. 2019)...more