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IMA-NA Welcomes Proposed New Water Rule

Posted By Ariel Hill-Davis, Wednesday, December 12, 2018

Washington, DC—Today, the Industrial Minerals Association – North America (IMA-NA) released the following statement after the Environmental Protection Agency (EPA) and Department of the Army Corps of Engineers (Corps) announced the proposed new definition for Waters of the United States (WOTUS):

“Yesterday’s release of the new proposed definition of Waters of the United States is an encouraging next step in the decades-long push for a WOTUS definition that empowers communities to protect their own water resources while providing regulatory clarity for our industry,” said Vice President Ariel Hill-Davis. “The announcement reiterates President Trump’s commitment to rein in federal overreach and provide regulatory certainty for the mining industry. IMA-NA is pleased to note that both the EPA and Corps remain focused on protecting our nation’s water through cooperative federalism.”

“IMA-NA appreciates the Administration’s efforts to solicit feedback from all stakeholders prior to drafting the proposal and commitment to crafting a commonsense and workable WOTUS definition. We look forward to our continued partnership in the important work of preserving our water quality through responsible stewardship and practical regulation.”

 

IMA-NA is a non-profit trade organization representing industrial minerals producers throughout North America.  IMA-NA represents a diverse set of member companies engaged in mining and processing of ball clay, barite, bentonite, borates, calcium carbonate, diatomite, feldspar, industrial sand, kaolin, soda ash, talc, and wollastonite..

 

 

 

 

Tags:  Clean Water Act  EPA  regulation  water  wotus 

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Supreme Court Rules on the Waters of the US Case

Posted By Ariel Hill-Davis, Monday, January 22, 2018

This morning the Supreme Court issued their ruling in the Waters of the US case related to which courts have jurisdictional primacy in challenges to the Clean Water Act. The Court was of the unanimous opinion that challenges must be reviewed in federal district courts first rather than in the appeals courts. The promulgation of the 2015 Clean Water Rule set off litigation across the country in both district and appeals courts. The Supreme Court decision provides clarity on where to go to resolve disputes. The choice of court is significant because it affects the resources needed to litigate the merits of challenges, sets the statute of limitations for filing lawsuits and helps determine whether actions can be challenged in subsequent civil or criminal proceedings.

The court found in favor of the National Association of Manufacturers, who brought the suit along with several states, industrial stakeholders, and some environmental groups. The Administration and some other environmental groups were on the losing side of this decision. This outcome complicates the current push to repeal and replace the 2015 Rule. With this ruling the 6th District's nationwide stay is thrown into question. While EPA Administrator Pruitt took action to prevent the immediate implementation of the 2015 Rule, in the event of this decision from the Supreme Court, next steps are uncertain at this point. The EPA issued a proposal in December to add a so-called applicability date to the regulation, meaning it could not be enforced until 2020. This proposal should theoretically provide the EPA enough time to finish and finalize a new version of the Clean Water Rule, without the 2015 Rule being enforceable in the interim. As we have been from the beginning IMA-NA and the Waters Advocacy Coalition will remain engaged as the next steps become clearer.

To read the Supreme Court opinion click here

Tags:  Clean Water Act  EPA  regulation  Regulations  SCOTUS  supreme court  wotus 

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