EPA, Army Corps of Engineers issue
final rule on Clean Water Act jurisdiction
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The Biden administration has issued, as promised, a final rule restoring the Obama administration’s working definition of the jurisdiction of the Clean Water Act. The issue complicates life for oil, gas, and pipeline companies trying to determine what permits they need for projects that may disturb isolated lakes, ponds, wetlands, and intermittent streams.
The Environmental Protection Agency (EPA) and the US Army Corps of Engineers jointly released the final rule Dec. 30. It is to take effect 60 days after publication in the Federal Register.
The regulators’ announcement said the rule “returns to a reasonable and familiar framework founded on the pre-2015 definition with updates to reflect existing Supreme Court decisions, the latest science, and the agencies’ technical expertise.”
“The rule’s clear and supportable definition of waters of the United States will allow for more efficient and effective implementation and provide the clarity long desired by farmers, industry, environmental organizations, and other stakeholders,” said Michael Connor, assistant secretary of the Army for civil works.
The fundamental problem has been the lack of a jurisdictional definition in the Clean Water Act, resulting in much litigation over the years and a default reliance on court rulings. Another Supreme Court ruling may be issued this year in the Sackett case, which was argued Oct. 3 (OGJ Online, Oct. 3, 2022). more
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NATIONAL NEWS
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Despite 3M's phase-out, the global problem of cleaning up PFAS remains 3M announced in December that it’s phasing out a family of harmful chemicals, but they’re not going away. The “forever chemicals,” known collectively as per- and polyfluorinated substances or PFAS, are used in everything from carpeting to nonstick pans to dental floss. The chains of carbon-fluorine bonds are excellent at repelling stains, grease and water, and even snuffing out dangerous fuel fires. But they also don’t break down in the environment, and they linger in people’s bodies for years. more
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STATE NEWS
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Hydration can significantly impact your physical health, study finds - WSVN You may know that being adequately hydrated is important for day-to-day bodily functions such as regulating temperature and maintaining skin health. But drinking enough water is also associated with a significantly lower risk of developing chronic diseases, a lower risk of dying early or lower risk of being biologically older than your chronological age, according to a National Institutes of Health study published Monday in the journal eBioMedicine. more
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This Week in Water History
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International Decade of Water and Sanitation Begins
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January 1, 1980: International Decade of Water and Sanitation Begins. “The UN conference on Human Settlements (HABITAT) held in June 1976 at Vancouver, Canada, concluded that nearly two-thirds of the population of the developing world lacked access to safe drinking water and that a larger proportion lacked the means for hygienic human waste disposal. The conference urged governments to give priority to these two areas in their development process. In March 1977, the UN Water Conference, held at Mar del Plata, Argentina, called for establishing the 1980’s as the Decade for Drinking Water and Sanitation. The goal would be to bring clean water and sanitation to all peoples in the world by 1990. Since March 1979, four separate UN bodies have passed resolutions supporting the Decade and calling on all governments to support the Decade’s goals. The U.S. Government, other OECD member states, and the private sector must combine to make this Decade a success.”
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