A ruling by the U.S. District Court for the Southern District of New York on March 28, invalidating a Bush-era EPA rule exempting transfers of water between two water bodies from National Pollutant Discharge Elimination System (NPDES) permitting requirements, could expose entities involved in such transfers—irrigation districts, drinking water utilities, stormwater systems, cities, counties and others—to citizen suits and other Clean Water Act (CWA) enforcement proceedings. Catskill Mountains Chapter of Trout Unlimited, Inc. v. EPA, 44 ELR 20068 (S.D.N.Y., No. 08-CV-5606, -8430, 3/28/2014). The Court remanded EPA’s 2008 rule to EPA for reevaluation. In 2003, the Supreme Court ruled in South… Read more