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Water Blog

  • 23
  • December
  • 2014

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Happy Holidays from the Water Blog Team

The contributors to the Water Blog and all of us at V&E wish you a wonderful holiday season and a very happy new year. We will be taking some time away from the blog, but will return in early 2015.

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Whooping Crane Litigation Update – Fifth Circuit Denies Request for Rehearing

On December 15, 2014, the Fifth Circuit Court of Appeals denied The Aransas Project’s (TAP) petition for the entire circuit to rehear its failed challenge to the Texas Commission on Environmental Quality’s (TCEQ) water management rules, which TAP alleges caused the deaths of a flock of endangered whooping cranes in the Aransas National Wildlife Refuge in the winter of 2008-2009.1

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  • 09
  • December
  • 2014

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Texas Water Development Board Finalizes Rules for SWIFT Eligibility and Project Prioritization

On November 6, 2014, the Texas Water Development Board (“TWDB”) adopted final rules to govern the prioritization of water projects eligible for low-interest loans through the State Water Implementation Fund for Texas (“SWIFT”). TWDB is now inviting public water providers to submit an abridged application as the first step to receiving funding through SWIFT.

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  • 21
  • November
  • 2014

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Ninth Circuit Narrows CWA “Shield” for Non-Stormwater Discharges

On October 31, 2014, the Ninth Circuit declined to rehear Alaska Community Action on Toxics (ACAT) v. Aurora Energy Services, LLC. The Ninth Circuit decided that case on September 3, 2014, holding that the district court erred when it found that the Multi-Sector General Permit (“MSGP”) for Stormwater Discharges Associated with Industrial Activity “shielded” Aurora from liability for non-stormwater coal discharges.

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Contributors

Margaret E. Peloso

Margaret E. Peloso Partner

Theresa Romanosky

Theresa Romanosky Senior Associate

Brandon M. Tuck

Brandon M. Tuck Senior Associate

Ross Woessner

Ross Woessner Associate

Jay Rothrock

Jay Rothrock Senior Associate