This Week in Washington is a weekly publication of the Water Environment Federation’s Government Affairs department. It provides updates on the latest legislative and regulatory developments that affect the water and wastewater communities.

Provided by the Water Environment Federation, Alexandria, VA

Senate Panel Holds Hearing on Wetlands Cases
On August 1 the Senate Environment and Public Works Subcommittee on Fisheries, Wildlife and Water held a hearing on the regulatory implications of two recent Supreme Court cases on wetlands litigation.  The two cases, Rapnos v. U.S. and Carabell v. U.S. Army Corps of Engineers, were heard last term by the Supreme Court and involved wetlands disputes in Michigan whereby property owners violated permits regulations under Section 404 of the Clean Water Act (CWA).  The Supreme Court ruled that the government incorrectly asserted CWA jurisdiction over the wetlands at issue because the wetlands may not have been considered “waters of the U.S.”  Specifically, the Supreme Court remanded the cases to the lower courts to determine whether the wetlands could be considered “waters of the U.S.” under a new standard the Supreme Court established.  However, the Supreme Court’s plurality ruling left much confusion over what the new standard should be.  A majority of the Supreme Court ruled that the old standard of whether wetlands were “hydrologically connected” to navigable waters was not correct, however the majority was split over what a new standard should be.  Writing for four of five majority justices, Justice Scalia suggested that wetlands had to have “relatively” permanent and continuous flow between them and the waters they flow into. However, Justice Kennedy wrote a separate opinion in which he held that wetlands must have a “significant nexus” between them and the waters they flow into.

At the hearing, EPA Assistant Administrator for Water, Benjamin Grumbles, John Cruden, Deputy Assistant General at the Department of Justice, and John Paul Woodley, Jr., Assistant Secretary for Civil Works at the U.S. Department of Army, were not specific when asked which standard they would apply.  Cruden said that the Department of Justice has advised field attorneys to apply either standard in disputed cases.  Grumbled indicated that the EPA is working on interim guidance with the Army Corps of Engineers to advise field staff on how to establish jurisdiction under the Supreme Court ruling in order to further the Administration’s wetlands’ goals, although he could not state which Supreme Court standard the EPA will abide by.  All agreed that the Supreme Court’s decision will lead to more litigation in wetlands cases. (PS)

NRDC Sues EPA for Missing BEACH Act Deadline
The Natural Resources Defense Council (NRDC) filed a lawsuit against the U.S Environmental Protection Agency (EPA) on Aug. 3 for allegedly failing to comply with the requirement to update water quality criteria under the Beaches Environmental Assessment, Cleanup, and Health Act of 2000 (BEACH Act).  The Act requires EPA to study human illnesses caused by polluted beach water by October 2003 and to promulgate revised water quality standards by October 2005.  According to NRDC, current beach water health standards do not adequately protect the public, are 20 years old, and rely on obsolete monitoring methods and outdated science.  NRDC filed the lawsuit in the U.S. District Court for the Central District of California, and released their 2006 report, Testing the Waters 2006: A Guide to Water Quality at Vacation Beaches, the same day.  A copy of the report is available at http://www.nrdc.org/water/oceans/ttw/titinx.asp.  (SRT)

Cooperative Conservation Listening Sessions Announced
On July 31 the Secretaries of Interior, Commerce, and Agriculture; the Administrator of the Environmental Protection Agency; and the Chairman of the White House Council on Environmental Quality announced the dates of eight "cooperative conservation" listening sessions to be held across the country.  The listening sessions are intended to give citizens an opportunity to exchange ideas on incentives, partnership programs, and regulations that can improve results and promote cooperative conservation and environmental partnerships.  The sessions will be open on a first-come first-served basis.  For the list of meeting locations and the topics to be addressed, visit http://www.doi.gov/news/06_News_Releases/060731.html.  (SRT)

Colville National Forest TMDL Implementation Plan Released
The Washington Department of Ecology is requesting public comment on its proposed water quality improvement plan for the 2,100-square-mile Colville National Forest.  Located in northeast Washington, the Forest's streams do not meet water quality standards due to high fecal coliform bacteria levels and high temperatures.  The plan identified grazing cattle as causing most of the water quality problems in the Forest.  Increased streamside vegetation was also called for to cool the water.  Public comments on the plan are being accepted through September 8.  More information on the Implementation Plan is available at http://www.ecy.wa.gov/programs/wq/tmdl/colville_nf.html.  (SRT)

EPA Plans to Extend CAFO Comment Deadline
EPA announced that it will extend the deadline for comments until August 29 on the June 22 proposed revisions to the National Pollutant Discharge Elimination System (NPDES) permitting requirements and Effluent Limitations Guidelines and Standards for Concentrated Animal Feeding Operations (CAFOs) rule issued in 2003.  The 15 extra days are being provided in response to requests for more time.  The Federal Register notice on the extension is expected to be published today.  (SRT)

This Week in Washington is provided by the Water Environment Federation, Alexandria, VA. To receive This Week in Washington by e-mail, contact Lisa Jones, (703) 684-2400 ext. 7741, ljones@wef.org. For more information on this week's stories, please contact the WEF staff whose initials appear at the end of the item in which you are interested. TW –Tim Williams (703) 684-2437, twilliams@wef.org; SRT - Sharon Thomas, (703) 684-2423, sthomas@wef.org; SJH - Sam Hadeed (703) 684-2418, shadeed@wef.org; PS-Patricia Sinicropi (703) 684-2416, psinicropi@wef.org. This Week in Washington is available on-line at http://www.wef.org/GovernmentAffairs/TWIW/.