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SWS and Scientific Societies comment on EPA proposed Rule to update Clean Water Act regulations on water quality certification

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SWS Membership Benefits SWS and eight other scientific societies submitted comment letters on October 21, 2019 in opposition to the EPA’s proposed rule “Updating Regulations on Water Quality Certification” https://www.epa.gov/cwa-401/updating-regulations-water-quality-certification. The proposed rule provides no scientific basis for how it would contribute to upholding the mandate of the Clean Water Act to restore and maintain the…

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SWS joins other aquatic science societies in opposing the WOTUS Rule to replace the 2015 Clean Water Rule

SWS Membership Benefits The EPA and US Army Corps of Engineers issued a proposed Rule to replace the 2015 Clean Water Rule, which will greatly reduce the area of wetlands, headwaters, ephemeral and isolated wetlands and waters that are federally protected. SWS members who wish to comment on this Rule will have 60 days to submit comments once…

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South Carolina U.S. District Court issues nationwide injunction rendering CWR Suspension Rule void

SWS Membership Benefits The U.S. District Court for the District of South Carolina found that the Trump administration improperly suspended the Clean Water Rule (Read the Order). Specifically, the Court held that (1) the EPA and Corps violated the Administrative Procedure Act (APA) by refusing to solicit public comment on the merits of suspending the…

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SWS files amicus brief in Clean Water Rule suspension case

SWS Membership Benefits On Monday, the Society of Wetland Scientists filed an amicus curiae brief in the U.S. District Court for the Southern District of New York to emphasize the importance of science in agency rulemakings. Several states and organizations have filed suit against the Trump administration for the suspension of the Clean Water Rule. The SWS…

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Brief of the Society of Wetland Scientists as Amicus Curiae Brief of the Society of Wetland Scientists as Amicus Curiaein Support of Plaintiffs’ Motion for Summary Judgment

SWS Membership Benefits Summary of Argument: An agency must provide a reasoned explanation when promulgating or amending a rule. An agency’s implausible explanation or its failure to consider relevant and significant aspects of a problem renders a rulemaking arbitrary and capricious. Because the EPA and Corps refused to consider the scientific basis of the Clean…

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Waters of the United States applicability date published

SWS Membership Benefits On February 6, the U.S. Army and EPA published a revised Clean Water Rule in the Federal Register that includes an applicability date. The purpose of the applicability date is to provide continuity and regulatory certainty for regulated entities while the agencies continue to consider possible revisions to the 2015 rule. Categories Biofuel CASS…

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Supreme Court decision on WOTUS jurisdiction spurs EPA action

SWS Membership Benefits Written by the American Fisheries Society On January 22, the U.S. Supreme Court ruled that challenges to the Waters of the U.S. (WOTUS) rule must be heard in district courts rather than in U.S. Federal Courts of Appeal presenting a procedural hurdle to the Trump Administration’s efforts to repeal and replace the 2015 rule with…

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House to examine state capacity to administer wetland protection

SWS Membership Benefits The House Science, Space and Technology’s Subcommittee on the Environment is scheduled to discuss the future of the Waters of the U.S. Rule or “WOTUS” rule. The regulation determines which wetlands and small waterways are protected by the Clean Water Act. The subcommittee will also examine state participation in administering Clean Water…

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Science societies oppose Scalia definition of WOTUS

SWS Membership Benefits In June, the EPA and the U.S. Army Corps of Engineers announced the proposed repeal of the 2015 Clean Water Rule in anticipation of replacing it with a narrower definition of “Waters of the U.S.” or “WOTUS.” The EPA and the Army Corps of Engineers are currently soliciting recommendations for this new…

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CASS condemns silencing of EPA scientists

SWS Membership Benefits The Consortium of Aquatic Science Societies (CASS) is very concerned with the actions of the U.S. Environmental Protection Agency (EPA) to prohibit three EPA scientists from presenting their research at “The State of Narragansett Bay and Its Watershed” workshop in Providence, Rhode Island, on 23 October 2017. CASS values scientific freedom and recognizes the importance of…

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