Taking Sides

Nov. 4, 2015

The Federal Water Quality Protection Act came up for a vote in the Senate this week. While I don’t know, as I write this, which way the vote will go—it’s scheduled for sometime Tuesday afternoon—it seems clear that this will become part of the ongoing debate over just what the Clean Water Act does and doesn’t cover.

The Federal Water Quality Protection Act essentially countermands the Clean Water Rule (see more about the rule here,) which was introduced by EPA and the US Army Corps of Engineers to clarify what is covered by the CWA. Specifically, the rule made clear that certain ephemeral streams and wetlands were under the purview of the CWA. The Clean Water Rule went into effect in August, but last month a federal court delayed its enforcement, saying EPA had exceeded its legal authority. In addition, the Federal Water Quality Protection Act that’s up for a vote this week would remove protections for certain waters that are currently covered by the CWA.

The Federal Water Quality Protection Act came up for a vote in the Senate this week. While I don’t know, as I write this, which way the vote will go—it’s scheduled for sometime Tuesday afternoon—it seems clear that this will become part of the ongoing debate over just what the Clean Water Act does and doesn’t cover. The Federal Water Quality Protection Act essentially countermands the Clean Water Rule (see more about the rule here,) which was introduced by EPA and the US Army Corps of Engineers to clarify what is covered by the CWA. Specifically, the rule made clear that certain ephemeral streams and wetlands were under the purview of the CWA. The Clean Water Rule went into effect in August, but last month a federal court delayed its enforcement, saying EPA had exceeded its legal authority. In addition, the Federal Water Quality Protection Act that’s up for a vote this week would remove protections for certain waters that are currently covered by the CWA. [text_ad] While agricultural interests widely opposed the Clean Water Rule, other groups and industries have taken positions for and against. On Monday, several groups representing hunters and fishermen sent a letter to the Senate opposing the Federal Water Quality Protection Act—in other words, essentially supporting the Clean Water Rule—on the grounds that it puts habitat at risk. The main argument wasn’t necessarily about protecting drinking water sources, but largely a financial one. “The sportfishing industry accounts for 828,000 jobs, nearly $50 billion annually in retail sales, and an economic impact of about $115 billion every year that relies on access to clean water,” the letter reads in part. “The Clean Water Rule will translate directly to an improved bottom line for America’s outdoor industry.” The groups signing the letter include the American Fisheries Society, American Fly Fishing Trade Association, Backcountry Hunters and Anglers, International Federation of Fly Fishers, Izaak Walton League of America, National Wildlife Federation, Theodore Roosevelt Conservation Partnership, and Trout Unlimited. You can read the TRCP’s take on the Federal Water Quality Protection Act here. If the Federal Water Quality Protection Act is approved, EPA and the Army Corps of Engineers would likely have to begin the rulemaking process all over again. However, in an effort led by Senator Joni Ernst of Iowa, a Congressional Review Act resolution is also reportedly in the works that would prevent further attempts to propose a new Clean Water Rule, allowing Congress to block or overturn the new regulation. President Obama would likely veto the resolution if it passes the Senate, leading to yet another round. StormCon Call for Papers Is Open StormCon, the only North American event dedicated exclusively to stormwater and surface-water professionals, is seeking abstracts for presentation at StormCon 2016. The deadline for submitting abstracts is Wednesday, December 9. The conference will be held in Indianapolis, IN, August 22–25, 2016. We are looking for abstracts in the following conference tracks: • BMP Case Studies • Green Infrastructure • Stormwater Program Management • Advanced Research Topics • Water-Quality Monitoring • Industrial Stormwater Management • Stormwater Management for Solid Waste Facilities For more information, including the complete call for papers and an online form for submitting your abstract, visit www.StormCon.com.

While agricultural interests widely opposed the Clean Water Rule, other groups and industries have taken positions for and against. On Monday, several groups representing hunters and fishermen sent a letter to the Senate opposing the Federal Water Quality Protection Act—in other words, essentially supporting the Clean Water Rule—on the grounds that it puts habitat at risk. The main argument wasn’t necessarily about protecting drinking water sources, but largely a financial one. “The sportfishing industry accounts for 828,000 jobs, nearly $50 billion annually in retail sales, and an economic impact of about $115 billion every year that relies on access to clean water,” the letter reads in part. “The Clean Water Rule will translate directly to an improved bottom line for America’s outdoor industry.”

The groups signing the letter include the American Fisheries Society, American Fly Fishing Trade Association, Backcountry Hunters and Anglers, International Federation of Fly Fishers, Izaak Walton League of America, National Wildlife Federation, Theodore Roosevelt Conservation Partnership, and Trout Unlimited. You can read the TRCP’s take on the Federal Water Quality Protection Act here.

If the Federal Water Quality Protection Act is approved, EPA and the Army Corps of Engineers would likely have to begin the rulemaking process all over again. However, in an effort led by Senator Joni Ernst of Iowa, a Congressional Review Act resolution is also reportedly in the works that would prevent further attempts to propose a new Clean Water Rule, allowing Congress to block or overturn the new regulation. President Obama would likely veto the resolution if it passes the Senate, leading to yet another round.

StormCon Call for Papers Is Open

StormCon, the only North American event dedicated exclusively to stormwater and surface-water professionals, is seeking abstracts for presentation at StormCon 2016. The deadline for submitting abstracts is Wednesday, December 9.

The conference will be held in Indianapolis, IN, August 22–25, 2016. We are looking for abstracts in the following conference tracks:
• BMP Case Studies
• Green Infrastructure
• Stormwater Program Management
• Advanced Research Topics
• Water-Quality Monitoring
• Industrial Stormwater Management
• Stormwater Management for Solid Waste Facilities

For more information, including the complete call for papers and an online form for submitting your abstract, visit www.StormCon.com.