Apr 26, 2023

Lawsuit Challenges USFS CWA Permits for Aerial Firefighting

The U.S. Forest Service (USFS) is seeking Clean Water Act (CWA) Permits from the EPA for anticipated discharges from aerial firefighting efforts that may reach federal water. The Plaintiffs in the suite, Forest Services Employees for Environmental Ethics (FSEEE) v. U.S. Forest Service, allege that, because the Permits may take up to two and half years to issue, the current aerial discharges of flame retardants are an unpermitted point source discharge that can damage waterways and aquatic species. FSEEE has filed a Motion for Summary Judgement asking the Court to issue a wide-ranging injunction that would forbid further discharges until… Read more

Jul 2, 2014

Proposed Rule on U.S. Jurisdictional Waters Facing Heavy Criticism

On April 21, 2014, the U.S. Army Corps of Engineers and the Environmental Protection Agency (“EPA”) proposed a rule defining the scope of waters protected under the Clean Water Act (“CWA”). The purpose of the rule was to provide clarification after a number of Supreme Court cases which had cast doubt on the existing understanding of what constitutes federal water. The proposed rule contains more than 100 exemptions from federal jurisdiction; however, critics note that the qualifications to those exemptions will mean that exempt status will have to be determined on a case-by-case basis. Click here to read the rule… Read more