On July 25, 2023, the states of Missouri, Arkansas, and Iowa, along with intervenors American Water Works Association and National Rural Water Association, petitioned the Eighth Circuit to review the EPA’s new rule. This rule requires states to review and report cybersecurity threats to their public water systems (PWS).
The states’ brief argues that the EPA’s Cybersecurity Rule unlawfully imposes new legal requirements on states and PWSs. It also contends that the rule exceeds the EPA’s statutory authority by ignoring congressional actions that limit cybersecurity requirements to large PWSs and by changing the criteria for sanitary surveys through a memorandum
And then there a bunch of PLCs at water utilities compromised:
https://apnews.com/article/water-utilities-hackers-cybersecurity-1c475f5d2ef3b5d52410c93bdeab3aad
So many more…
Now, I can understand arguments about jurisdictions, but would the exact same requirements coming from CISA instead of the EMP have been OK, or where these places just whining about any kind of oversight? At the end of the day, they look a little foolish.
Well i think its a little of both. Technically i think epa overstepped its authority, but CISA is the exact place it should come from. Ideally any agency like this would work with CISA who has the mandate. Its certainly complicated when you get into an agency “making law” and theres a case in front of the supreme court now that could disrupt all of that.
That’s a good point. There’s law and then there’s administrative policies.
I agree with the assertion that the mandate was probably more in CISAs realm.
In the end, it needed to happen. Maybe administrations will consider being less petty and just doing what everyone knows needs to be done. Ha ha. Right.