The Tide

Short alerts designed to keep legal and water sector professionals up-to-date on important developments

On Monday, January 24, in Michael Sackett et al. v. U.S. Environmental Protection Agency et al., (Case No. 21-454), the U.S. Supreme Court granted certiorari to determine if the Ninth Circuit used the right test to determine whether wetlands are subject to federal jurisdiction under the Clean Water Act. Idaho landowners, the Sacketts, disputed the

On December 27, 2021, the U.S. Environmental Protection Agency published the final Fifth Unregulated Contaminant Monitoring Rule (UCMR). The Fifth UCMR will collect nationwide data on the occurrence of lithium and 29 per- and poly fluoroalkyl substances in public drinking water systems.  Data will be collected between 2023 and 2025 and reported in 2026.

On December 16, 2021, the Federal Energy Regulatory Commission (FERC) issued a final rule amending its regulations governing the dam safety of FERC-licensed hydropower projects under the Federal Power Act.  Among other things, the final rule implements two tiers of project safety inspections and codifies FERC’s existing dam safety guidance.  The rule will become effective

On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act.  The $1.2 trillion legislation includes over $900 million in incentives for new and existing hydropower, pumped storage, and marine energy.  This funding includes grants to support grid resilience, dam safety upgrades, environmental enhancements, and wind and solar integration.