» Clean Water Current Archive

September 14, 2012

NACWA Weighs in with U.S. Supreme Court on Stormwater Case

NACWA joined with other municipal interests this week to file a brief with the U.S. Supreme Court in litigation over what qualifies as a stormwater discharge under the Clean Water Act (CWA).  The brief in Los Angeles County Flood Control District v. NRDC outlines the municipal perspective for the High Court in this important case, and includes a request for review by the Court of the water transfers issue.  The Supreme Court has previously ruled that transfers of water from one section of a waterbody to another do not qualify as a CWA discharge requiring a permit.  The municipal brief urges the Court to reaffirm its prior legal finding.  

The brief outlines why such water transfers do not constitute a “discharge” under the CWA, and why the permitting of such transfers would be inconsistent with the requirements of the Act.  The brief also explains that many municipal clean water agencies rely on such transfers for safe and effective management of stormwater, floodwater, and the public water supply.  It further argues that requiring CWA permits for these kinds of transfers would create significant regulatory and economic burdens for clean water agencies, and would unnecessarily harm their ability to manage stormwater successfully.  The brief was authored by NACWA Member Agency, the City of New York, and was signed by multiple water associations in addition to NACWA including the Water Environment Federation (WEF) and the Association of Metropolitan Water Agencies (AMWA), among others.  Additional information on the brief is available on the Litigation Tracking section of NACWA’s website.  The case is expected to be heard by the Supreme Court later this year, and NACWA will keep the membership updated on developments.

NACWA Recommends Broader Study of Nanosilver Impacts During Registration Review

Congress Works on Continuing Resolution Providing SRF Funding at FY2012 Levels

The House passed a six-month Continuing Resolution (CR) this week that will keep the government funded until March 27, 2013.  The Senate is expected to pass the CR next week, and the President has indicated he will sign it.  This CR maintains funding for the Clean Water and Safe Drink Water State Revolving Funds at Fiscal Year (FY) 2012 levels, although monies will likely not be disbursed until Congress passes a final omnibus appropriations package next year. 

The CR funds the government at the agreed-upon level of $1.047 trillion as established in the Budget Control Act (BCA) of 2011, which was negotiated during the debt ceiling debate in August 2011.  The BCA also includes instructions for sequestration — the process whereby automatic across-the-board spending cuts will occur in most federal programs beginning January 2013 unless Congress reaches prior agreement on an alternative budget.  The White House is expected to release its analysis of how sequestration will impact the budget for all federal agencies, including EPA, today.  The analysis should indicate what cuts could be expected to the SRF programs. 

Whether Congress is able to reach a budget agreement to avoid sequestration prior to January is an open question.  Though many in Congress would like to negotiate an agreement during a Lame Duck session in December, Speaker of the House John Boehner (R-Ohio) has indicated that may be unlikely.  Meanwhile, completion of work on a budget package for FY13 will occur early next year and will include the spending levels set forth in sequestration or, alternatively, spending levels yet to be determined.  For questions on the CR or budgetary process, please contact Hannah Mellman at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Queue the Music! Law & Order: SPU (Special Pretreatment Unit) Is Coming!

On September 20, 2:00-3:30 pm ET, NACWA will present Law & Order: SPU (Special Pretreatment Unit), a web seminar featuring two case studies about local pretreatment programs that investigated and pursued legal action against illicit dischargers.  This informative web seminar offers the perfect opportunity for your utility’s pretreatment staff to access these interesting and informative presentations.  Register today!

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