The Shape of Water Law: William Taylor and Emily Dupraz Co-author Article in Currents Environmental Newsletter
This article was originally published in Currents, POWER’s quarterly environmental newsletter.
There have been several recent and significant legal changes to the Clean Water Act (CWA), its implementing rules and the manner in which the law has been previously administered that environmental professionals should review.
First, the definition of “waters of the United States” (WOTUS) has been narrowed. Other significant changes include: a revision to the 401 water quality certification regulation; a Supreme Court decision that determined that the release of pollutants to groundwater could be subject to the CWA’s permitting scheme; and new interpretations of temperature total maximum daily load (TMDL) regulations.