EPA and Army Corps Release Proposed Rule on Clean Water Act Jurisdiction

March 26, 2014
Posted By: Michael C. Murphy

On March 25, 2014, U.S. EPA and the U.S. Army Corps of Engineers released the pre-publication version of a proposed rule intended to make the process of identifying “waters of the United States” covered under the Clean Water Act less complicated and more efficient.  Decisions of the U.S. Supreme Court in recent years which addressed the regulatory definition of “waters of the United States” created confusion and uncertainty for permitting programs under the Clean Water Act.  The proposed rule attempts to clarify Clean Water Act jurisdictional issues in light of these cases.  According to EPA’s webpage regarding the proposed rule, it does not cover any new water bodies not historically protected under the Clean Water Act and clarifies protection for streams and wetlands.  Notably, the proposed rule would adopt the “significant nexus” standard enunciated in Justice Kennedy’s concurring opinion in Rapanos v. United States for determining whether “other waters,” which do not fit within the specific categories of waters that are jurisdictional by rule, would be subject to the Clean Water Act.  Public comments on the proposed rule will be accepted for 90 days upon publication in the Federal Register.

President Obama Directs Agencies to “Lead by Example,” Setting New Renewable Energy Goals for Federal Facilities

December 16, 2013
Posted By: Edward P. Yim

On December 10, 2013, President Obama issued a memo entitled, “Federal Leadership on Energy Management,” that directs federal facilities to achieve new goals for renewable energy and implement new energy management practices.  The principal goals are as follows: (1) by 2020, 20% of the total electric energy consumed by each agency during any fiscal year should come from renewable energy, with interim goals of 10% renewable energy usage by 2015, 15% in 2016 and 2017, and 17.5% in 2018 and 2019; (2) each agency must install building energy meters and sub-meters as required by the National Energy Conservation Policy Act and install additional ones where cost-effective and appropriate; and (3) the General Services Administration, in coordination with the Department of Energy, must initiate a strategy to pilot “Green Button” at federal facilities where feasible.  “Green Button” is a data access system developed by the North American Energy Standards Board for providing web-based secure access to energy bill account data, usage data, and consumption data to customers and utilities for purposes of demand-side management.  For purposes of the President’s memo, “renewable energy” is defined as “energy produced by solar, wind, biomass, landfill gas, ocean, geothermal, municipal solid waste, or new hydroelectric generation capacity.”

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