water pollution

In a decision that will narrow federal protection of wetlands, the Supreme Court ruled on Thursday that the 1972 clean water law applies only to marshy areas with “a continuous surface connection” to streams, oceans, rivers, or lakes. “Today’s ruling is a profound win for property rights and the constitutional separation of powers,” said the Pacific Legal Foundation, which argued the case for a couple blocked from building a home in northern Idaho. (No paywall)

Less than four months ago, the Biden administration unveiled “a durable definition” of the upstream reach of clean water laws across the country — a so-called waters of the United States (WOTUS) regulation. With a ruling on Wednesday, federal judges have enjoined implementation of the rule in 26 of the 50 states while they hear lawsuits that would void the regulation.

In a long-shot tactic, Republicans in the Senate and House pressed on Thursday for a vote to overturn the Biden administration’s Waters of the United States rule, which spells out the upstream reach of water pollution laws. It was the third WOTUS rule to be issued in less than a decade. The Supreme Court is expected to rule in coming weeks on an Idaho case that would greatly limit federal protection of wetlands.

Seventeen farm, construction, and mining groups filed suit in federal court to overturn the Biden administration’s definition of the upstream reach of water pollution laws. They argued that the new Waters of the United States (WOTUS) rule was “so opaque, uncertain, and all-encompassing” that no one could confidently know its limits.

With views of the Rocky Mountains, the occasional squadron of American white pelicans passing through, and a boardwalk for strolling, northern Colorado’s Windsor Lake is a popular destination for paddle boarding, kayaking, and swimming. But the lake is off-limits this week after city officials sampled the water and found concerning levels of blue-green algae, which can contain toxins harmful to humans, pets, and wildlife. (No paywall)

Last week, water experts marked the 50th anniversary of the Clean Water Act with a dire warning: After evaluating over 700,000 miles of rivers and streams across the country, they concluded that half of those waters are too polluted to fish or swim in—and agriculture is often to blame.(No paywall)

Drinking water for more than 370,000 Californians is contaminated with arsenic, nitrate, and other chemicals, according to an extensive analysis by researchers at UC Berkeley and UCLA. In many cases, the state’s agricultural industry is to blame. (No paywall)

The president of the largest U.S. farm group called for members to bring the "same energy and devotion when it comes to WOTUS" that they used last year to preserve a tax break on inherited property. President Zippy Duvall said the American Farm Bureau Federation also influenced legislation and USDA programs on climate mitigation to ensure that they "respect farmers."

At their current pace, the three major states in the Chesapeake Bay watershed, responsible for 90 percent of pollution in the bay, will miss their targets for reducing sediment and nutrient runoff by 2025, said the Chesapeake Bay Foundation on Wednesday. Maryland and Virginia need to step up efforts to address agricultural pollution, and "Pennsylvania remains far off track," the foundation said.

Shortly after telling senators that he wanted a "long-term, durable solution," EPA administrator Michael Regan said on Wednesday that the Biden administration would write a new definition of the upstream reach of clean water laws. The process would include repeal of the 2020 Trump-era rule that replaced 2015 Obama water regulations the farm sector decried as federal overreach.