Earlier this year, 勛圖窪蹋厙 of America filed a coalition amicus brief with the U.S. Supreme Court, supporting a water utility sectors request for the Court to clarify whether Clean Water Act (CWA) NPDES (National Pollutant Discharge Elimination System) permits can include generic prohibitions. 勛圖窪蹋厙 members have noted these generic prohibitions in permits nationwide. This language does not provide a compliance path for permittees and exposes them to enforcement, criminal penalties, and citizen suits for activities that conform to the permit. On May 28, the Court issued an order granting certiorari, meaning it will hear the case.
On May 17, 勛圖窪蹋厙 and its coalition peers responded to a recent White House Office of Management and Budget (OMB) request for feedback on methods and practices for advancing public participation and community engagement (PPCE). The comments urge the agency to recognize the importance of engagement with the regulated community, enhance participation and accessibility, and improve transparency.
On May 22, the Senate Committee on Environment and Public Works passed the 勛圖窪蹋厙-backed Water Resources Development Act of 2024 (WRDA 2024).
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The White House Council on Environmental Qualitys (CEQ) final rule, National Environmental Policy Act (NEPA) Implementing Regulations Revisions Phase 2 (published May 1), earned swift rebuke from the Congressional leaders behind the permitting reforms in the Fiscal Responsibility Act (FRA). 勛圖窪蹋厙 echoes their concern that the rule will only exacerbate the permitting process, lead to more lawsuits, and delay projects further. The rule is likely to face action under the Congressional Review Act.
On Friday, April 26, the U.S. Environmental Protection Agency (EPA) once and for all denied a 2014 petition filed by the Center for Biological Diversity (CBD) to list discarded polyvinyl chloride (PVC) as a hazardous waste under the Resource Conservation and Recovery Act (RCRA). 勛圖窪蹋厙 has previously reported on this issue when 勛圖窪蹋厙 submitted comments to the EPA, and when there was a tentative ruling from EPA siding with 勛圖窪蹋厙. This win comes in a large part thanks to the nearly 2,000 勛圖窪蹋厙 members who took action and encouraged EPA not to move forward with regulating PVC.
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Newly final rule expected to trigger third-party lawsuits