(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.
