Tag : Clean Water Act

Region Lacking Industrial Stormwater Permits

With the remarkable rains over the last weeks, our waterways are both swollen with water, but also choked with pollution. Streams are running the color of chocolate. Stormwater runoff is probably the most significant problem for our region’s water quality. Unfortunately, there is very little being done to stop the flow of pollutants. In fact, a preliminary survey of industrial stormwater in Kootenai County indicates more »

Sacketts Make Case Before Supreme Court, But What Would A Win Look Like?

Sacketts Make Case Before Supreme Court, But What Would A Win Look Like?

By most accounts, it was a tough day for EPA in the Supreme Court on Monday. Although the Sacketts got their share of skepticism from the Justices, the EPA really took it on the chin during the oral argument of the Priest Lake wetland case. The issue before the court was whether a “compliance order” issued by EPA to the Sacketts for a Clean Water more »

In Wetlands Case, Sacketts Oppose Conservation Groups’ Supreme Court Brief

On Monday, the U.S. Supreme Court will hear oral arguments in the case of Priest Lake residents Mike and Chantell Sackett.  We’ve written about this complicated wetlands case before. The Sacketts are suing the EPA over a wetland determination on their property, and that a compliance order issued by EPA in the case should be immediately reviewable in a Court. In support of the Sacketts’ more »

Constitutional Analysis of Wetland Cases .. for Dummies

Here’s the thing to remember. We live in the United States of America. We are a nation of laws. We have a Constitution that gives Congress the authority to pass laws under enumerated powers. One of those powers is provided by the Constitution’s commerce clause. Congress passed the Clean Water Act. The Supreme Court has affirmed that, within commerce clause limits, the Clean Water Act is more »

Congress’s Dirty Water Act

We meant to get back to our brief mention of potential Congressional action to destroy the Clean Water Act. The cynically named “Clean Water Cooperative Federalism Act,” HB 2018, turns the long-standing successful structure of the Clean Water Act on its head, stripping EPA oversight over water quality programs in the states. The Clean Water Act has been a prime example of “cooperative federalism” common more »

Take Action for Clean Water

Just a very quick mini-update, but our local Waterkeeper friends – Spokane Riverkeeper and Lake Pend Oreille Waterkeeper — are justifiably concerned about a new Congressional attack on the federal Clean Water Act.  We’ll publish more information on this soon, but you can get a head start now — read more and take action here.

For Settlement with KEA and ICL, FHWA Improved Fernan Road Construction Project

Although construction on the Fernan Road reconstruction project was completed this past fall, the paperwork was wrapped up just recently.  Recall that KEA and Idaho Conservation League had threatened a Clean Water Act lawsuit regarding numerous violations at the construction site.  An agreement was finalized recently with the Federal Highway Administration, the agency responsible for the project, to resolve the claims. At KEA, we were more »

Idaho Cities Call for Water Quality Monitoring

As you probably know, we’ve been rallying support for water quality monitoring for weeks now.  We have been calling on Gov. Otter to restore funding to the budget to perform one of the basic functions under the Clean Water Act, something the Governor and legislature have declined to fund for the past two years. Of course, this is exactly what you’d expect of your local more »

Idaho Needs a Clean Water Revival

For whatever the reason — budget priorities, neglect, antipathy to federal mandates — Idaho’s lack of proper attention to clean water is tilting toward disaster. The Clean Water Act is one of this country’s most important environmental laws. Passed by Congress in 1972, it is responsible for some impressive success stories in the nation’s environmental history. However, in Idaho, the state’s failure to implement some more »

Riverkeeper Intervenes in Spokane River TMDL Case

We got word over the weekend that the Spokane Riverkeeper is intervening in the pending TMDL lawsuit brought by Idaho polluter-plaintiffs Post Falls, Coeur d’Alene, and the Hayden Area Regional Sewer Board.  Recall that the Idaho dischargers filed a complaint in federal district court challenging the dissolved oxygen total maximum daily load (TMDL) issued for the Spokane River. The litigation, which has cost North Idaho more »