A Clear Commitment to America’s Waters
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ACWA has been busy in the courtroom in recent weeks,
advancing the Association’s advocacy agenda on a num-
ber of crucial legal issues. Additional information on
the cases featured here, as well as on all of NACWA’s le-
gal activities, can be found in the
section of the
Association’s website.
Oral Arguments Held in SSI Legal Challenge
Oral arguments were held May 3 before the U.S.
Court of Appeals for the District of Columbia
Circuit in NACWA’s legal challenge to the U.S.
Environmental Protection Agency’s (EPA) sew-
age sludge incineration (SSI) rule. As lead pe-
titioner in the case, the Association took on an
aggressive role during the arguments, challeng-
ing both the legal and technical basis for EPA’s
recent SSI regulations. NACWA argued that a
clear reading of the relevant statutory authority
demonstrates congressional intent for SSI units
to be regulated under a more flexible regulatory
regime than was done by EPA in the final rule.
The Association also challenged the techni-
cal underpinning of the rule, arguing that the
Agency used insufficient data to develop the
rule’s emissions limits.
NACWA has been actively challenging the SSI rule since early 2011.
The recent oral arguments mark the culmination of one of the most
aggressive legal advocacy efforts in the Association’s history. The
utility members of the Association’s SSI Advocacy Coalition played
an instrumental role in supporting NACWA’s advocacy efforts on
this critical issue. A ruling in the case is anticipated within the next
few months.
Brief Filed in Mississippi River Nutrients Litigation
NACWA submitted a brief May 10 in litigation over nutrient regu-
lation for the Mississippi River Basin (MRB),
supporting EPA’s decision to deny an activist
petition requesting federal numeric nutrient
criteria (NNC) for the entire MRB. The court
filing, submitted jointly with other intervenor
groups in the litigation, defends EPA’s denial
of the NNC petition and argues the plaintiffs
have failed to demonstrate that federal NNC are
necessary for the MRB. Additionally, the brief
contends that EPA’s petition denial was both
procedurally and statutorily valid.
The filing is consistent with previous
taken by NACWA and others in
the case, encouraging the court to uphold EPA’s
original denial of the federal NNC petition and
dismiss the legal challenge. NACWA had filed
additional briefs in the case, including a
outlining the specific perspective
of the municipal wastewater community. The Association is partici-
pating in the case to ensure the interests of its members are aggres-
sively represented.
Legal Advocacy Active on Key Issues
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ACWA, along with the
(HWC),
has resumed its work on Farm Bill reauthorization, ad-
vocating for stronger tools to help agricultural produc-
ers more effectively manage nutrients to avoid adverse
water quality impacts. With the current Farm Bill set to expire on
September 30, both the House and the Senate have reaffirmed their
commitment to pass a new, 5-year Farm Bill
this year.
On May 14, the Senate Agriculture Committee
approved S.10,
readying the bill for full Senate
consideration. S.10 retained HWC-advocated
language in the bill’s Regional Conservation Partnership Program
(RCPP), which would ensure that nutrient management activities
receive priority conservation funding. More importantly, the lan-
guage allows farmers in partnership agreements to receive five-year
contracts and special payments for nutrient management-related
activities.
At the Committee markup, Senator John Boozman (R-AR) and
Senator Sherrod Brown (D-OH) offered an additional amendment
to the Farm Bill which proposes two modifications to the RCPP. The
first would clarify that municipal water and wastewater entities are
eligible partners under the RCPP. The second would put partner-
ships that execute innovative water quality and water quantity im-
provement measures on equal footing with a host
of other conservation partnerships. The amend-
ment was adopted by the full Committee. These
amendments, in addition to the original nutrient
language retained in the bill, represent a signifi-
cant step forward toward more effective nutrient
management practices on the farm.
The House Committee on Agriculture reported its Farm Bill pack-
age on May 15. While the House bill does not contain the nutrient
management-related provisions in the Senate bill, NACWA and the
HWC will work to ensure the language in S.10 is ultimately passed
into law.
Advocacy Leadership on Farm Bill Continues
