Monday, August 1, 2016

Obama Administration’s Regulatory Releases – Clean Power Plan, Reservoir Management (Politico)

(WASHINGTON, DC) – August could be a hot month, both on the thermometer and for regulatory releases. The Obama administration has about five weeks to roll out any remaining summer rules before Congress rolls back into town. Here's a look at what might arrive during the dog days of summer.

Clean Power Plan
Don't expect anything new in August from EPA on this landmark rule, but Washington's environmental class is awaiting news from the D.C. Circuit about the structure of Sept. 27's oral arguments. The court at some point must announce what topics it will hear and for how long. A decision on that front, could come this month, which would give the lawyers more time to practice in front of their mirrors/mock trials. (The challengers asked for two days' worth of legal yakking, while EPA wants to wrap things up in just one day.)

Reservoir Management

The Army Corps of Engineers owns and manages hundreds of reservoirs across the country, and even though they are often aimed primarily at flood control, they have become vital sources of water supply for cities as well. But whether or not the corps can manage those reservoirs with water supply in mind has been a major open legal question - one that has become intensely controversial in drought-prone communities across the West and in the long-running Florida-Georgia-Alabama water wars. After years of labor, the Army Corps finally sent a proposed rule to OMB in May to update its policies governing reservoir management. It's sure to stoke already-fierce water conflicts, so don't hold your breath waiting for it, but if the administration is seeking a quiet time to release it, August could be a prime time.