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A platform for research: civil engineering, architecture and urbanism
USEPA Reconsiders Bush‐era Water Transfer Rule
This article discusses the U.S. Environmental Protection Agency's (USEPA's) controversial 2008 Water Transfer Rule. This Bush‐era rule exempts water transfers from National Pollutant Discharge Elimination System (NPDES) requirements under section 402 of the Clean Water Act (CWA), which bans the discharge of any pollutant from a point source without a permit (USEPA, 2008). Water agencies and the water industry generally support this rule, arguing that water transfers do not “add” pollution to water. Environmental groups counter that the CWA requires NPDES permits for water transfers because the transfers are otherwise adding polluted water to cleaner public lakes and streams and, in so doing, threatening drinking water supplies. The article presents the 2009 case, Friends of the Everglades v. South Florida Water Management District (2009) 570 F.3d 1210, as the first ruling of the U.S. Court of Appeals for the Eleventh Circuit to uphold USEPA's Water Transfer Rule. In response, the environmental group plaintiffs filed a petition asking the Eleventh Circuit to hold an en banc review of this case. On Oct. 13, 2009, the Department of Justice (DOJ), on behalf of USEPA, responded to the petition by rejecting the plaintiffs’ legal arguments and noting that the court was correct in granting the federal government deference to regulate, or refrain from regulating, water transfers (DOJ's Oct. 13, 2009 Response to Petition for Rehearing en banc). However, the DOJ included the caveat that USEPA “intends to reconsider” its existing regulatory exemption for water transfers (Id.).
USEPA Reconsiders Bush‐era Water Transfer Rule
This article discusses the U.S. Environmental Protection Agency's (USEPA's) controversial 2008 Water Transfer Rule. This Bush‐era rule exempts water transfers from National Pollutant Discharge Elimination System (NPDES) requirements under section 402 of the Clean Water Act (CWA), which bans the discharge of any pollutant from a point source without a permit (USEPA, 2008). Water agencies and the water industry generally support this rule, arguing that water transfers do not “add” pollution to water. Environmental groups counter that the CWA requires NPDES permits for water transfers because the transfers are otherwise adding polluted water to cleaner public lakes and streams and, in so doing, threatening drinking water supplies. The article presents the 2009 case, Friends of the Everglades v. South Florida Water Management District (2009) 570 F.3d 1210, as the first ruling of the U.S. Court of Appeals for the Eleventh Circuit to uphold USEPA's Water Transfer Rule. In response, the environmental group plaintiffs filed a petition asking the Eleventh Circuit to hold an en banc review of this case. On Oct. 13, 2009, the Department of Justice (DOJ), on behalf of USEPA, responded to the petition by rejecting the plaintiffs’ legal arguments and noting that the court was correct in granting the federal government deference to regulate, or refrain from regulating, water transfers (DOJ's Oct. 13, 2009 Response to Petition for Rehearing en banc). However, the DOJ included the caveat that USEPA “intends to reconsider” its existing regulatory exemption for water transfers (Id.).
USEPA Reconsiders Bush‐era Water Transfer Rule
Journal ‐ American Water Works Association ; 101 ; 16-17
2009-11-01
2 pages
Article (Journal)
Electronic Resource
English
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