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ACWA, and a number of other key municipal organi-
zations, fled a
Sept. 29 with the U.S. Supreme
Court in the case of
Sackett v. U.S. Environmental
Protection Agency
(EPA). The case addresses the critical
question of whether the federal Clean Water Act (CWA) allows for
pre-enforcement judicial review of administrative orders (AOs) is-
sued by EPA. This issue has grown in importance for clean water
agencies across the country as EPA continues to increase its use of
AOs against municipal utilities.
The joint municipal brief urges the Supreme Court to over-
turn a lower court decision prohibiting review of AOs. It argues
that nothing in the language or history of the CWA indicates a
Congressional intent to prohibit pre-enforcement review of these
orders. The brief provides examples of how EPA has abused its
power in issuing AOs to public clean water agencies and how the
Agency has used AOs to circumvent the protections in the National
Pollutant Discharge Elimination System (NPDES) program that
shield permittees from unreasonable enforcement actions. It en-
courages the Supreme Court to curb these abuses by allowing for
pre-enforcement judicial review of AOs, and argues that the denial
of pre-enforcement review of AOs violates the due process clause of
the U.S. Constitution.
Other municipal clean water organizations joined with NACWA
on the brief include the Wet Weather Partnership, state municipal
wastewater associations from Virginia, Maryland, North Carolina
and South Carolina, and the City of New York. Additional infor-
mation on the case is available on NACWA’s
. Oral arguments in the case are not expected until early
2012, with a decision likely sometime next spring.
NACWA Joins Municipal Coalition in
U.S. Supreme Court Case
A
s Congress continues to debate measures to increase jobs
and decrease spending, NACWA has maintained its pres-
ence on Capitol Hill with one key message: Congress
must include at least $10 billion in direct funding for
investments in clean water infrastructure in any jobs package. In
a
sent to all Capitol Hill offces, NACWA states that, like in-
vestments in the country’s transportation systems and schools,
investments in clean water infrastructure are equally important.
These investments improve the country’s aging water infrastruc-
ture and potentially create hundreds of thousands of jobs.
Jobs Bill Rejected by Senate
On October 11, the Senate voted down
The American Jobs Act of
2011
, President Obama’s jobs proposal that would provide direct
spending in several infrastructure sectors and create a national
infrastructure bank for transportation, water/wastewater, and
energy projects. The bill’s rejection was anticipated, and Senate
Democrats are now likely to disassemble the package and push
for votes on various provisions. NACWA remains hopeful that
one of those provisions will include an infrastructure investment
component. The Association will continue to work with members of
Congress to ensure $10 billion in direct funding for clean water infra-
structure is part of any legislation moving forward.
House Legislation Support Infrastructure Investment
Leaders of the House Transportation & Infrastructure Committee
introduced
The Water Quality Protection and Job Creation Act of 2011
(H.R.
3145), bipartisan legislation that proposes two complementary initia-
tives for the long-term fnancing of wastewater infrastructure – the es-
tablishment of direct loan and loan guarantee programs, and a Clean
Water Infrastructure Trust Fund.
These proposals, when implemented together, would leverage billions
of additional dollars to meet local wastewater infrastructure needs.
This bill is cosponsored by Representatives Tim Bishop (D-NY), Nick
J. Rahall (D-WV), Tom Petri (R-WI), and Steven LaTourette (R-OH).
NACWA was instrumental in gaining their support, and plans to work
closely with them to help develop further support for this legislation.
Congress Urged to Support Direct Funding for
Clean Water Infrastructure