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<br />f' . <br /> <br />EPA Pursues Water Transfer Rule: In an action related to the above story, on June I, the . <br />Environmental Protection Agency (EP A) announced it was initiating a formal rule making to <br />amend its regulations to expressly exclude water transfers from regulation under the National <br />PoUution Discharge Elimination System (NPDES) pennitting program under the Clean Water <br />Act. <br /> <br />Clean Water Act Decision: The Supreme Court ruled on June 19 that new limits could be <br />placed on the federal government's power to enforce the Clean Water Act. <br /> <br />In the ruling, a five-justice majority agreed that the Army Corps of Engineers exceeded its <br />authority when it denied two Michigan developers permits to build on wetlands. The court said <br />the Corps had gone beyond the Clean Water Act by making landowners obtain pennits to dump <br />rocks and dirt, not only in marshes directly next to lakes and rivers, but also in areas linked to <br />larger bodies of water through a network of ditches and drains_ <br /> <br />There was no clear direction from the Court as to where the Corps should have drawn the line. A <br />four-justice plurality made up of Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, <br />Clarence Thomas and Samuel A. Alito Jr. argued for an across-the-board reduction in the Corps' <br />regulatory role, but Kennedy rejected that view and cal1ed for a case-by-case approach. <br /> <br />Therefore, unless Congress amends the law or federal regulators change their rules, the likely <br />outcome is more litigation in lower courts, with property owners, U.S. agencies and federal <br />judges trying to detennine how to satisfy the standards sketched in Kennedy's solo opinion_ <br /> <br />EPA Launches New Efficiency Program: On June 12, the EPA launched WaterSense, a new . <br />water efficiency program, to help educate American consumers about making smart water <br />choices that save money and maintain environmental standards without compromising <br />perfonnance. The WaterSense program wil1 raise awareness about the importance of water <br />efficiency, ensure the perfonnance of water-efficient products and provide consumer infonnation. <br />The WaterSense label will be placed on products and services that perfonn at least 20 percent <br />more efficiently than their counterparts. Manufacturers can certify these products meet EP A <br />criteria for water efficiency and perfonnance by following testing protocols specific to each <br />product category. Products will be independently tested to ensure EPA specifications are met. <br />Labeled products will be available early next year. <br /> <br />According to EPA, household water leaks cost consumers eight percent of their water bill. At <br />least 30 percent of water used by household irrigation systems is lost through evaporation and <br />improper design, instal1ation or maintenance. EPA's announcement states, ''The average <br />household adopting water efficient products and practices can save 30,000 gallons per year - <br />enough to supply a year of drinking water for 150 of their neighbors." See epa.l!ov/watersense. <br /> <br />Senate Bill Cnts CWSRF: EP A's Clean Water State Revolving Fund (SRF) would get $200 <br />million less in FY2007 under spending legislation approved by the Senate Appropriations <br />Committee on June 29. <br />The Senate version ofHR 5386 would match the $688 million approved by the U.S. House of <br />Representatives earlier this year for the Clean Water SRF, which was routinely funded at $1.35 <br />billion before incurring steady declines starting in FY2005. <br /> <br />San Joaquin River Settlement: Negotiators announced on June 30 that a settlement aimed at <br />resolving 18- year-old San Joaquin River environmental litigation and initiating restoration of the <br /> <br />. <br /> <br />6 <br />