Challenges for the Refiner Under the Obama Administration's New 'Clean Water Framework'

摘要

In 2009, the Environmental Protection Agency ("EPA") took a beating in a lengthy expose from the New York Times, which claimed that "violations of the Clean Water Act have risen steadily across the nation," and yet, the "vast majority of those polluters have escaped punishment." Whether a coincidence or in direct reaction to the pressure of media scrutiny, from the early days of the Obama Administration, EPA has broadcast its commitment to water. In particular, two key pronouncements in 2011 have focused the federal government's attention. The "Clean Water Act Action Plan Implementation Priorities," released in May 2011, lay out initiatives that will drive EPA's increased enforcement of Clean Water Act violations. At nearly the same time in 2011, EPA released its "Clean Water Framework," designed to affirm the Obama Administration's "comprehensive commitment to protecting the health of America's waters" and describing the policy goals of various agencies, including the EPA, that will impact the scope of Clean Water Act ("CWA") jurisdiction.