Yesterday, I did an update on Clean Air Act developments. Today, it’s the Clean Water Act’s turn. According to the Daily Environment Report, EPA will meet its deadline of June 13, 2013 to promulgate a post-construction stormwater rule. I found it interesting that the story states that EPA has nearly completed its cost-benefit analysis for the rule – even though it has not yet made a decision on the size threshold. Presumably, the cost-benefit analysis is being performed across a range of possible thresholds.
The same story also notes that EPA expects finally to release its long-awaited revised post-Rapanos guidance on CWA jurisdiction. I’m with those who believe that this issue is too important to be handled through guidance and I am skeptical that, if the guidance is released, a rulemaking will take place any time soon.