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The concept of the Waters of the United States is a complicated, but extremely important, component of the Clean Water Act, which affects both wastewater and drinking water utilities in varying ways. As a result of this webinar, participants will have a better understanding of the scope and scale of the changes that will result from these two separate developments that just happened to take place at around the same time. This will help participants know what questions to ask, where to ask them, and what to do to start getting prepared.
Two key recent developments, a revision to the definition of Waters of the United States and the recent Supreme Court ruling in Maui v. Hawaii Wildlife Fund together will considerably shift the Clean Water Act landscape both for jurisdictional determinations and in determining whether or not a permit is required for certain activities. The Navigable Waters Protection Rule (the formal name of the new WOTUS rule) redefines Clean Water Act jurisdiction for NPDES permits and virtually all other CWA programs. The “Maui decision” ruled that some discharges to groundwater are subject to NPDES permitting (even when also regulated under the Underground Injection Control Program) if those discharges eventually impact a Water of the United States. Each of these developments has the potential to significantly affect utility operations, including discharges, underground injection, water reuse, and green infrastructure, among other activities. They may also have indirect, but important, impacts on source water protection due to changes to operations within the watershed. This webinar will discuss the changes and provide examples of how these decisions will impact utilities.
- Recognize the scope and scale of changes within the Navigable Waters Protection Act (the latest iteration of definition of Waters of the United States)
- Identify the Maui v. Hawaii Wildlife Fund Supreme Court ruling’s implications as they relate to water utility operations and concerns
- Evaluate how these two developments may impact utilities’ operations, planning, source water protection, and other facets of utility management.
Learn from this webinar’s esteemed presenters:
Hilary Meltzer; Chief; New York City Law Department, Environmental Law Division
Carolyn McIntosh; Partner; Squire Patton Boggs
Nick DiMascio; Senior Environmental Attorney; Denver Water