California Sues EPA Over Vehicle Emissions Standards
By Steven Jones
The State of California sued the U.S. Environmental Protection Agency (EPA) on January 2, 2008, in the hope of overturning EPA's denial of California's request for a waiver under the Clean Air Act (CAA) to set stricter vehicle emissions standards than required under federal law. California's three-page petition for review of EPA's action can be viewed here. California filed its appeal in the Ninth Circuit, rather than the Circuit Court for the District of Columbia, based on EPA's failure to make a "finding of nationwide scope and effect," as provided for in Section 307(b)(1) of the CAA.
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Appeals Court Affirms Corps' Watershed Approach to General Permit for Filling Wetlands
By Connie Sue Martin
The Eleventh Circuit Court of Appeals recently upheld a novel Clean Water Act ("CWA") § 404(e) dredge and fill permit of "unprecedented scope," which will allow the development of 48,150 acres in the Florida Panhandle for commercial and residential "suburban development" while preserving 10,000 acres of wetlands. The novel permitting approach endorsed by the court in Sierra Club v. United States Army Corps of Engineers may also ease some of the uncertainty surrounding § 404 jurisdiction that abounds since the Supreme Court's decision in Rapanos v. United States.
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Washington State Moves to Buy Water from Indian Tribes
By Jeff Kray
Washington Governor Christine Gregoire has signed agreements worth $5.85 million annually with two eastern Washington Indian tribes and the U.S. Bureau of Reclamation to obtain up to 132,500 acre-feet of water each year from Lake Roosevelt for farmers, cities, and endangered salmon in the Columbia Basin. The agreements, which are subject to legislative approval, would provide water to owners of 10,000 acres east of Moses Lake who now rely on a diminishing ground water aquifer, and to eastern Washington cities that have been waiting for years for new water supplies. The agreements would also provide an additional measure of security to eastern Washington parties holding interruptible water rights by providing water during late summer low flow periods. Governor Gregoire has also asked the Washington Legislature to provide local governments around Lake Roosevelt with $2 million to address priority water issues.
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