Member Pipeline - Fax Alerts - February 24, 2006
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for the FaxAlert ArchiveFebruary 24, 2006
Three Precedent-Setting Clean Water Act Cases Await High Court’s Decision
The U.S. Supreme Court heard oral argument this week in three cases concerning the interpretation of the Clean Water Act (CWA): Rapanos v. United States; Carabell v. U.S. Corp. of Engineers; and S.D. Warren v. Maine Board of Environmental Protection. The Court’s consideration of these cases could result in landmark decisions defining the scope of the CWA’s jurisdiction as it relates to intrastate wetlands and CWA § 401 certification requirements. The Rapanos and Carabell cases, which will be decided via a joint decision, could further clarify the "significant nexus" test for defining federal jurisdiction over isolated, intrastate wetlands that was set forth by the Court in Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers in 2001. The Court’s ruling is also expected to clarify the CWA’s jurisdiction over non-navigable tributaries to waters of the U.S. The S.D. Warren case could clarify whether the "addition of a pollutant" test for defining a "discharge" under CWA § 402, set forth by the Court in South Florida Water Management District v. Miccosukee Indian Tribe, similarly applies to the term "discharge" in CWA § 401, and therefore does not encompass the movement of natural, untreated water within one water body. Due to the potentially far-reaching impacts of the Court’s decisions, these cases have received an unprecedented level of attention from a broad array of stakeholders, policymakers and the media. The Court is expected to issue its decisions by the end of the year. A comprehensive analysis of the cases and their implications for NACWA public agency members can be found in Legal Alert 06-02 (http://www.nacwa.org/private/legalalerts/leg06-02.cfm). The Association will provide members with details of the decisions once they are available.Make Your Plans Today to Attend the 2006 Clean Water National Policy Forum
NACWA and the Water Environment Federation (WEF) will once again be teaming up to bring together utility leaders, members of Congress and key EPA policymakers for the National Clean Water Policy Forum, at the Capital Hilton, April 30 – May 3 in Washington, D.C. This year’s Policy Forum will include an ‘encore presentation’ by political analyst, Charlie Cook, who will be providing attendees with an insider’s look into this year’s Congressional and 2008 Presidential elections. Also invited to speak at the Forum are Representatives John J. Duncan, Jr. (R-TN) and Earl Blumenauer (D-OR) as well as EPA staff including, Administrator, Stephen Johnson; Assistant Administrator for Water, Benjamin Grumbles; and Granta Nakayama, Assistant Administrator for the Office of Environmental & Compliance Assurance.The Policy Forum will feature a luncheon honoring recipients of NACWA’s 2006 National Environmental Achievement Awards and will also provide an opportunity for NACWA Committees to meet and discuss critical clean water issues. Committee meetings will be held April 30 – May 1. Mark your calendars today to attend this important event and join your colleagues for what promises to be an informational and entertaining program. More information on the Policy Forum will be available in an upcoming "Save the Date" postcard and updates of agenda information will be posted to NACWA’s Conferences & Meetings webpage (http://www.nacwa.org/meetings/).
NACWA Seeks Member Support in Securing Biosolids Funding in Fiscal Year 2007
The House Appropriations Subcommittee on Interior, Environment, and Related Agencies and the Senate Appropriations Subcommittee on Interior and Related Agencies have begun to discuss the fiscal year (FY) 2007 budget for EPA. These discussions include NACWA's request of $1 million to fund the activities of the National Biosolids Partnership (NBP) for FY 2007. This funding is critical to ensure that the NBP’s core program for implementing environmental management systems (EMS) for biosolids has the support it needs to continue to make progress. The Association has developed two sample letters (one for the House and one for the Senate) for members to personalize and conveniently fax or directly e-mail to your Senators or Representatives. To access these letters simply click on the Write Congress Now feature on the right hand side of NACWA's homepage (www.nacwa.org).