There are a handful of legal and regulatory issues on the
horizon in 2015 that are worth watching. Some of these issues, like
the U.S. Environmental Protection Agency's (EPA's) Cooling
Water Rule and the U.S. Army Corps of Engineers' and EPA's
Clean Water Act jurisdictional rule, have been around for a while
and new chapters are due to unfold. Others, like the Financial
Capability Assessment for Municipal Clean Water Act, are new this
year. Each of these has the potential to produce significant
effects on the regulated community.
Finalization of Clean Water Act Jurisdiction Rule
In April of 2014, EPA and the Corps of Engineers issued a draft
rule seeking to clarify the scope of what qualifies as a water of
the United States and is subject to Clean Water Act (CWA)
permitting. The draft rule's critics, and there are many,
believe the draft rule goes too far in extending the reach of CWA
jurisdiction. EPA has given a target date of April 2015 to finalize
the rule.
