GSI’s Response to the Sackett V. EPA Supreme Court Decision

On May 26, 2023, the Supreme Court of the United States (SCOTUS) released their opinion on Sackett V. EPA, a highly anticipated case challenging the reach of Section 404 of the Clean Water Act (CWA). The Sacketts argued that the U.S. Army Corps of Engineers (USACE) were trying to regulate isolated non-jurisdictional wetlands on their property near Priest Lake (Idaho) where they were planning to build a house.  For decades, Waters of the U.S. (WOTUS) have been regulated by tests that determine if a wetland is isolated or connected to a jurisdictional waterway.  These competing tests, the “significant nexus” test and the “relatively permanent” test, injected significant regulatory uncertainty for projects that would likely impact WOTUS.  The recent SCOTUS opinion indicated that wetlands would now only be considered jurisdictional if they had a “continuous surface water connection” to a navigable stream.  This surface connection should make it “difficult to determine where the ‘(navigable) water’ ends and the ‘wetland’ begins.”  Similarly, the SCOTUS also indicated that only streams with a “relatively permanent flow” would be considered jurisdictional. The guidance on how this new interpretation will be implemented is being crafted by the EPA and USACE with a stated release on or before September 1, 2023.  In the interim, projects may continue to move forward under the “pre-2015 rules” with the understanding that the scope of regulatory control will likely narrow.  Due to the regulatory uncertainty generated by Sackett V. EPA, the USACE has rescinded review of Approved Jurisdictional Determinations (AJDs).  AJDs are helpful for project planning and mitigation budgeting but may not be necessary for Section 404 permitting. Check with your regional USACE regulator(s) or contact us for further details.

GSI will continue to provide quality consultation with stakeholders as they interpret and implement this new rule. Contact Us to ask a question or provide feedback.

GSI Helps Wichita State University Establish New Hydrogeology Site

GSI Engineering (GSI) assisted Wichita State University (WSU) in the development of a new hydrogeology site at their existing Ninnescah biological field station.  GSI provided pro bono drilling services and professional support for the installation of nine two-inch monitoring wells and one six-inch pumping well at the field station. The site will allow WSU geology students to gain hands-on experience with environmental sampling, aquifer testing, groundwater monitoring, and hydraulic modeling.

Students were also present to observe the drilling process and participate in logging the wells alongside GSI geologists. WSU Hydrogeology Professor Andrew Swindle believes the experience gained through the hydrogeology site will give WSU students an edge when applying for jobs in the area after graduation. Professor Swindle also indicated the site will be available for other departments or schools to conduct research or field studies.

Chuck Brewer, President of GSI, said, “We are proud to be able to assist the WSU geology program, as several of our current employees are WSU graduates. GSI strongly believes in helping within our community and partnering with our state university programs to enhance the learning experience of their students, which develops even more high-caliber professionals ready to enter our local work force.”

 

Check out this recently posted article on the WSU website to learn more:

https://www.wichita.edu/about/wsunews/news/2019/12-dec/hydrogeology_site_3.php

 

GSI Works with Partners to Further Remediate Groundwater Contamination in Haysville

The Kansas Department of Health and Environment (KDHE) requested GSI Engineering to conduct continued oversight and management of a project we’ve grown very familiar with, the Former American Cleaners site in Haysville, KS (Site), now occupied by Haysville Laundry. GSI was initially tasked to design and implement a pilot test at the current property to determine suitability for traditional remediation technologies including soil vapor extraction and in-situ air sparging. However, based on the pilot testing, it was determined that these remedial technologies would not be effective in cleaning up the remaining soil and groundwater contamination. The property’s previous owner stepped in and proposed an alternative solution.

The property’s owner was willing to part ways with the eastern section of the property to allow for demolition of the existing building and excavation of contamination in the soil underneath the building. Due in large part to the creative problem solving of KDHE, the Haysville Laundry property was acquired by the City of Haysville (City) in a joint purchase agreement as part of a larger remediation goal for the property. GSI coordinated the building appraisals and property surveys required for the transaction, gathering consensus on the property’s value to allow KDHE to provide appropriate funding for the City to purchase the property. The City agreed to provide long-term access to the property in order for KDHE to effectively remediate the soil and groundwater contamination originating from the Site.

KDHE requested the building be demolished and the pad and footings removed to provide unlimited access to the contaminated soils beneath the footprint of the building. Prior to demolition, GSI conducted an asbestos inspection of the building. Ascertaining there was no asbestos abatement required prior to the scheduled work, GSI set out to find a contractor for the demolition of the building and its foundation.

GSI partnered with Fremar Corporation for the demolition phase. The building was demolished in less than one day. There were numerous onlookers that stopped to watch the building come down throughout the day.

The Site is now pending further remedial action under the guidance of KDHE, with excavation and disposal of contaminated soils expected as the next phase of work at this high-profile site.

working with partners on haysville demolition
demolition at haysville laundry
demolition at groundwater contamination site
gsi at haysville demolition