News
Ensuring the Enforcement of Federal Rule of Civil Procedure 65(c)
On March 6, the President signed an Executive Order which impressed upon Federal Agencies the need to “deter frivolous litigation, protect parties from unwarranted costs, and streamline judicial processes.” A key mechanism the administration wishes to focus on is Federal Rule of Civil Procedure 65(c), “which mandates that a party seeking a preliminary injunction or temporary restraining order (injunction) provide security in an amount that the court considers proper to cover potential costs and damages to the enjoined or restrained party if the injunction is wrongly issued.” The memorandum provides that “[C]onsistent enforcement of this rule is critical to ensuring that taxpayers do not foot the bill for costs or damages caused by wrongly issued preliminary relief by activist judges and to achieving the effective administration of justice.” Historically, District Court judges have waived this provision for NGOs and public interest groups that lack the necessary funds to pay this expense. Some legal scholars believe that more rigorous application of Rule 65(c) by judges reducing the number of waivers provided may have a chilling effect on litigation and challenges to executive agency actions. Memorandum on Ensuring the Enforcement of Federal Rule of Civil Procedure 65(c) | The American Presidency Project
United States Supreme Court Issues Decision Prohibiting “End-Result” NPDES Permit Provisions
On March 4, the Supreme Court of the United States issued a 5-4 decision in the case of City and County of San Francisco v. Environmental Protection Agency, ruling that that inclusion of narrative “end-result” NPDES permit provisions (a/k/a, “receiving water limitations”) exceed EPA’s authority under the Clean Water Act (CWA). These types of permit requirements regulate the effect a discharge will have on the quality of the waters that receive it, rather than specify the actions a permittee must take (or refrain from taking) when discharging pollutants into Waters of the United States. The permit provisions at issue in this case prohibited the city’s wastewater treatment facility from any discharges that may “contribute to a violation of any applicable water quality standard” for receiving waters, or from making any discharges that “create pollution, contamination, or nuisance” as defined by the California Water Code.
In its decision, the Court’s majority stated that the challenged permit provisions – and the use of end-result requirements – violated the CWA’s text and legislative history, emphasizing that the CWA was deliberately modeled to move away from such a type of regulatory model. The Court also noted the inherent issues with end-result requirements “when more than one permittee discharges into a body of water with substandard water quality,” a situation that is commonplace nationwide. The Court added that EPA, rather than the regulated community, has the expertise and resources to establish specific permit requirements to ensure permitted discharges will not result in impaired waters.
Association Updates
Notice – No Wrap Week of March 10th, 2025
During the week of March 10th, 2025, ACWA will be hosting our Mid-Year Meeting and will not publish a Weekly Wrap. Look out for our next edition the week of March 17th, 2025.
2025 Mid-Year Meeting – View the Final Agenda
Dates: March 12 & 13, 2025
Venue: Hilton Alexandria Old Town, Alexandria, VA
Registration is open! Register HERE
This will be a closed meeting intended for state members and federal guests. The agenda is available here.
Check back here for more updates.
Registration Open: 2025 State Summit on Water Reuse
Date: March 19, 2025 (9:15 am to 4:30 pm)
Venue: JW Marriott Tampa Water Street
Registration is now open for the 2025 State Summit on Water Reuse, which will take place on Wednesday, March 19, 2025, at the J.W. Marriott Water Street in Tampa, FL. Please click here to register asap, as space is limited.
This free, state regulator-only event is hosted by ACWA, ASDWA, ECOS, ASTHO, GWPC, and U.S. EPA, and will be held once again in conjunction with the WateReuse Association Annual Water Reuse Symposium, which begins March 16.
The primary goal of the State Summit is to provide a place for state regulators to share and learn about a range of water reuse issues, network with state colleagues, and coordinate with representatives from select federal agencies. The Summit will feature perspectives from many states and provide an opportunity for participants to share their thoughts and key questions with colleagues from around the country. Past Summit session topics have included: developments in potable reuse around the nation, non-potable reuse for agriculture, industrial reuse trends and experiences (e.g., data centers, produced water), as well as federal updates on the National Water Reuse Action Plan (WRAP) and Interagency Working Group.
2025 Water Quality Standards Workshop – Registration Now Available!
Dates: April 22-24, 2025
Location: Des Moines, IA
This workshop is a national meeting organized by ACWA for state staff involved in state water quality standards programs, as well as for both Regional and Headquarters-based U.S. Environmental Protection Agency managers and staff.
The workshop will be held at the Embassy Suites in Downtown Des Moines. Reserve your hotel room here: ACWA Water Quality Standards Workshop. The room block will close March 31, 2025.
ACWA does anticipate having travel support for state staff. When available, more information can be found on ACWA’s events page.
Save the Date: 2025 ACWA CWA Cross-Program Workshop
Dates: July 21-23, 2025
Location: Chicago (Rosemont), IL
ACWA will host the 2025 CWA Cross-Program Workshop on July 21-23, 2025 in Chicago at the Hyatt Regency O’Hare. The theme for this year’s Workshop will be “CWA Cross-Program Coordination to Improve Nutrient Management and Address Nutrient Pollution.” The 2025 Workshop is the third annual Cross-Program Workshop held in cooperation with EPA.
Cross-Program Workshops bring together state and federal CWA program administrators to discuss and share ways in which cross-program coordination and collaboration can be strengthened to more effectively and efficiently restore and protect the nation’s waters. Participants identify cross-program challenges and barriers to CWA implementation; work toward solutions to cross cutting water quality topics; identify ways to improve technical capabilities; highlight opportunities for cross-program planning, implementation, and co-operation; and clarify linkages, roles, and responsibilities among CWA programs.
The Workshop target audience will be state regulators from around the country with practical experience and responsibilities in supporting and managing CWA Section 303(c), 303(d), and/or 402 programs, as well as EPA representatives for each of the programs. Attendees should come prepared to discuss ways in which cross-program coordination has been an important aspect of successful program and/or restoration plan implementation, as well as cross-program challenges and needs.
Agenda and Registration: Registration information and a draft agenda will be available soon.
Hotel: Book your hotel room here. The room block will close June 30, 2025.
Travel Support: ACWA plans to provide limited state travel support in the form of a post-Workshop reimbursement. Please contact Ward Scott directly if you know you will require travel support to attend the Workshop.
Save The Date for ACWA’s 64th Annual Meeting in Madison, WI!
Dates: August 13-15th, 2025
Board of Directors will meet August 12th, 2025.
Lodging is now open for reservation!
Venue:
The Madison Concourse Hotel and Governor’s Club
One West Dayton Street, Madison, WI 53703
Room rate: $138 per night
Registration and more information will be coming soon. Check back here for more details.
Meetings and Webinars
Wastewater Lagoons 101: EPA Tools for Operators
Date: Wednesday, March 26, 2025
Time: 1–2:30 p.m. EST
Registration: Webinar Registration – Zoom
There are more than 4,500 publicly owned discharging wastewater lagoon systems in the U.S. and these lagoons comprise approximately 24% of all publicly owned treatment works (POTWs). This webinar will discuss how lagoon systems are designed to treat wastewater and common compliance problems operators face. The webinar will also discuss several new tools EPA has developed for lagoon operators including the First Stop Toolbox for Lagoons, a Lagoon Troubleshooting Manual, and two documents providing compliance tips for lagoon operators.
About the Presenters:
Cornell Gayle
Civil Engineer, EPA HQ, Atlanta
Alma Hidalgo
Program Analyst, EPA OWM
Mike Beck
Senior Wastewater Specialist, ERG
For additional webinar info, contact water.compliance@epa.gov
Webinar series schedule and recordings:
https://www.epa.gov/compliance/technical-assistance-webinar-series-improving-cwa-npdes-permit-compliance
Job Opportunities
Environmental Analyst – Drinking Water Specialist
Location: Rochester, NY
Closing Date: March 9, 2025
To apply, submit your cover letter, resume, and a brief writing sample by email to jobs@neiwpcc.org by March 9, 2025. Please reference #25-NYS-SW-DOH-001 in the email subject line. Accepting applications until the
is filled. A full position description and benefits listing may be viewed at: https://neiwpcc.org/aboutus/careers.
CSO Construction Project Manager
Location: Albany, NY
Closing Date: March 9, 2025
To apply, submit your cover letter and resume by email to jobs@neiwpcc.org by March 9, 2025. Please reference #25-NY-IEM-001 in the email subject line. Accepting applications until the position is filled. A full position description and benefits listing may be viewed at: https://neiwpcc.org/about-us/careers.
Youth and the Environment Program Coordinator – Wastewater Division Intern
Location: Lowell, MA
Closing Date: March 9, 2025
To apply, submit a cover letter and resume by email to jobs@neiwpcc.org by March 9, 2025. Please reference #25-Lowell-003 in the email subject line. Applications will be reviewed on a rolling basis, accepting
applications until the positions are filled. A full position description may be viewed at:
https://neiwpcc.org/about-us/careers.
Environmental Analyst – Title 5 Septic System Program Trainer
Location: Various Locations in Massachusetts
Closing Date: March 16, 2025
To apply, submit your cover letter, resume, and a brief writing sample by email to jobs@neiwpcc.org by March 16, 2025. Please reference #25-MA-DEP-001 in the email subject line and notate preferred work location in the body of the email (Boston, Woburn, Worcester, Lakeville or Springfield, MA). Accepting applications until the position is filled. A full position description and benefits may be viewed at: https://neiwpcc.org/about-us/careers.
Onsite Resource Specialist (Natural Resource Specialist 3 – Environmental Health Specialist) – Two Openings
Location: Medford, Oregon or Coos Bay, Eugene, or Medford, Oregon
Closing Date: March 16, 2025
For more information and to apply, visit Oregon Job Opportunities.
Environmental Scientist II
Location: Frankfort, KY
Closing Date: March 17, 2025
The Kentucky Division of Water, Water Quality Branch is seeking an individual to work across monitoring, assessment, TMDL, and standards programs to develop and maintain tools for water quality data compilation, review, analysis, and reporting. For more information and to apply, visit https://personnel.ky.gov/Pages/Careers.aspx. Requisition ID: 25-01138.
Link: https://kypersonnelcabinet.csod.com/ats/careersite/JobDetails.aspx?id=67940&site=48
Environmental Compliance Inspector
Location: Helena, MT
Closing Date: April 5, 2025
For more information and to apply, visit Montana’s Official State Website.
Aquatic Invasive Species Boat Launch Stewards
Location: Lake Champlain, NY and VT
Closing Date: Open until filled
To apply, submit a cover letter and resume by email to jobs@neiwpcc.org; please reference #25-LCBP-003 in
the email subject line. Application review will begin on February 2, 2025, and will continue on a rolling basis until all positions are filled. A full position description may be viewed at: https://neiwpcc.org/aboutus/careers.
Be sure to check out other opportunities on ACWA’s Job Opportunities page.
