Between landmark U.S. Supreme Court decisions, groundbreaking rulemakings from U.S. EPA, and a jam-packed Congressional docket, every branch of government played a major role this year in reshaping the legal landscape facing clean water utilities. As the only national water organization that consistently engages in legal clean water advocacy, NACWA stepped up to lead the sector’s efforts on multiple key initiatives that will have a pivotal impact on utility permitting requirements, investment decisions, revenue generation, and cleanup liability for years to come. This includes:
- Spearheading a coalition of 18 public clean water utilities and eight state and regional organizations in filing a brief to the U.S. Supreme Court in support of NACWA member the San Francisco Public Utility Commission’s challenge of problematic permit terms that are included in utility Clean Water Act permits nationwide. The brief helped convince the Supreme Court to take the case – an exceedingly rare grant that the Court gives to less than 1 percent of all litigants seeking its review.
- Joining forces with the Association of Metropolitan Water Agencies (AMWA) on a brief that helped persuade the U.S. Supreme Court to limit a significant decision on municipal impact fees so that it did not negatively impact wastewater, stormwater, and drinking water utilities.
- Working with NACWA member utility leaders to vigorously advocate on behalf of the sector’s need for protection from liability for the costs associated with PFAS cleanups. This resulted in U.S. EPA’s issuance of an enforcement discretion memorandum strongly endorsing NACWA’s “polluter pays” approach and the introduction of legislation in the U.S. House of Representatives and the Senate that would provide key statutory protections to wastewater, stormwater, and drinking water utilities.
- Playing an instrumental role in helping to pass critical Clean Water Act permitting and standards reforms in the U.S. House of Representatives.
- Leading discussions and meetings with utility executives, U.S. EPA political appointees and career staff as the Agency works to chart a path forward on future combined sewer system permitting.
Explore the most pressing legal challenges facing the clean water community at NACWA’s National Clean Water Law & Enforcement Seminar, November 13-15, Tucson, AZ. Dive into critical issues such as PFAS, CERCLA, NPDES permitting and enforcement, SCOTUS rulings, and more!