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SWS and Scientific Societies comment on EPA proposed Rule to update Clean Water Act regulations on water quality certification SWS and eight other scientific societies submitted comment letters on October 21, 2019 in opposition to the EPA’s proposed rule “Updating Regulations on Water Quality Certification” https://www.epa.gov/cwa-401/updating-regulations-water-quality-certification. The proposed rule provides no scientific basis for how it…

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Foggy swamp at sunset

SWS WOTUS comment letter Dear Administrator Wheeler and Mr. James, On behalf of the Society of Wetland Scientists and representing 3,000+ wetland and aquatic science professionals, we respectfully submit the following comments in response to your solicitation regarding the proposed Rule “Revised Definition of ‘Waters of the United States” (proposed Rule) (84 FR 4154; Docket…

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Science Societies WOTUS Comment Letter Dear Administrator Wheeler and Assistant Secretary James: On behalf of the undersigned science societies, we respectfully submit the following comments in response to the proposed Rule “Revised Definition of ‘Waters of the United States” (proposed Rule) (84 FR 4154; Docket ID No. EPA-HQ-OW-2018-0149), published in the Federal Register on February…

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Request for 200-day comment period Dear Administrator Wheeler, On behalf of the Society of Wetland Scientists, representing approximately 3000 members, we respectfully request that EPA and the US Army Corps of Engineers extend the public comment period from 60 days to a minimum of 200 days in length for the proposed rule “Revised Definition of…

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SWS joins other aquatic science societies in opposing the WOTUS Rule to replace the 2015 Clean Water Rule The EPA and US Army Corps of Engineers issued a proposed Rule to replace the 2015 Clean Water Rule, which will greatly reduce the area of wetlands, headwaters, ephemeral and isolated wetlands and waters that are federally protected. SWS…

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South Carolina U.S. District Court issues nationwide injunction rendering CWR Suspension Rule void The U.S. District Court for the District of South Carolina found that the Trump administration improperly suspended the Clean Water Rule (Read the Order). Specifically, the Court held that (1) the EPA and Corps violated the Administrative Procedure Act (APA) by refusing…

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Another amicus curiae brief in support of Clean Water Rule is filed on behalf of the Society of Wetland Scientists On July 24, 2018 an amicus curiae brief in support of Clean Water Rule was filed in the North Dakota Waters of the United States (WOTUS) Clean Water Rule case. The brief reiterates that the Clean Water Rule…

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SWS files amicus brief in Clean Water Rule suspension case On Monday, the Society of Wetland Scientists filed an amicus curiae brief in the U.S. District Court for the Southern District of New York to emphasize the importance of science in agency rulemakings. Several states and organizations have filed suit against the Trump administration for the suspension…

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Brief of the Society of Wetland Scientists as Amicus Curiae Brief of the Society of Wetland Scientists as Amicus Curiaein Support of Plaintiffs’ Motion for Summary Judgment Summary of Argument: An agency must provide a reasoned explanation when promulgating or amending a rule. An agency’s implausible explanation or its failure to consider relevant and significant…

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Waters of the United States applicability date published On February 6, the U.S. Army and EPA published a revised Clean Water Rule in the Federal Register that includes an applicability date. The purpose of the applicability date is to provide continuity and regulatory certainty for regulated entities while the agencies continue to consider possible revisions to the…

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