The Water Values

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Mark Ryan, a former top US EPA attorney now in private practice, joins The Water Values Podcast and provides an insider’s view on the Clean Water Act and several important developments affecting the Clean Water Act. Apart from his outstanding analysis of three pending cases (Waters of the U.S. Rule, Water Transfer Rule, and Des Moines), Mark also fills us in on some general administrative law issues (the Regulatory Accountability Act of 2017) and his thoughts on how the Trump administration might handle these issues.

In this session, you’ll learn about:

• The history of the Clean Water Act
• What limnology is
• What the purpose of the Clean Water Act is
• How the Clean Water Act is administered
• The five-part test for Clean Water Act applicability
• How the Clean Water Act has evolved from 1972 to present
• The Waters of the U.S. Rule & related litigation
• The Water Transfer Rule case
• The Des Moines drainage tile point source case
• What “point source” means

Resources and links mentioned in or relevant to this session include:

• Mark Ryan’s Clean Water Act Blog (including posts on lots of other Clean Water Act cases)
• US EPA web page on the Clean Water Act
• Update on The Water Transfer Rule case (The 2nd Circuit ruled after we recorded the podcast episode)
• Write-up on the Des Moines case
• Article on the Regulatory Accountability Act of 2017 (which, if enacted, would legislatively overturn SCOTUS precedent dating back to 1984 and referred to as Chevron due deference)
• UPDATE: Iowa legislature gets involved in the Des Moines case (and not in the way you’d expect)

 Transcript

Sorry – no transcript this week. Let me know by emailing me if you miss the transcripts!

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