New U.S. Environmental Protection Agency (EPA) regulations, which went into effect on July 8, 2024, designate perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and isomers as hazardous...more
On April 19, 2024, the U.S. Environmental Protection Agency (EPA) issued a regulation designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and their salts and isomers, as hazardous substances...more
4/22/2024
/ CERCLA ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
National Priorities List (NPL) ,
New Regulations ,
PFAS ,
Proposed Rules ,
RCRA ,
Reporting Requirements ,
Superfund
On April 10, 2024, the U.S. Environmental Protection Agency (EPA) issued final new national primary drinking water regulations for six per- and polyfluroralkyl substances (PFAS). The regulations impose Maximum Contaminant...more
Regulation Would Apply to PFOA, PFOS, GenX, PFBS, PFHxS, and PFNA -
On March 14, 2023, the U.S. Environmental Protection Agency (EPA) proposed new primary drinking water regulations for six of the most common per- and...more
3/16/2023
/ California ,
CERCLA ,
Chemicals ,
Comment Period ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
PFAS ,
Proposed Regulation ,
Public Health
Municipalities and Special Districts Could Face Liability As a Result -
The U.S. Environmental Protection Agency (EPA) has released the pre-publication of the long-awaited Proposed Rule designating perfluorooctanoic acid...more
Withdrawal expands “functional equivalent” test for discharges that the Supreme Court established in County of Maui v. Hawaii Wildlife Fund -
The U.S. Environmental Protection Agency has rescinded January 2020 guidance on...more
Clarity Provided for New “Functional Equivalent” Test -
Today, the U.S. Environmental Protection Agency published guidance on how to apply the U.S. Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund. The...more
12/11/2020
/ Clean Water Act ,
Comment Period ,
Direct Discharge ,
Discharge of Pollutants ,
Draft Guidance ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Point Sources ,
SCOTUS
EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications -
The Environmental Protection Agency released it final “Clean Water Act Section 401 Certification Rule” this week, which limits...more
County of Maui v. Hawai’i Wildlife Fund -
Last week, the Supreme Court announced a 6-3 decision in the case of County of Maui v. Hawai’i Wildlife Fund. The decision involves whether a federal permit is required under the...more
4/27/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
New Thresholds Impact Wider Swath of Public Water Suppliers -
Yesterday the California State Water Resources Control Board lowered its Response Levels for PFAS in drinking water to 10 parts per trillion for PFOA and 40...more
2/7/2020
/ Contamination ,
Critical Infrastructure Sectors ,
Drinking Water ,
Hazardous Substances ,
Pollution Control ,
Public Health ,
Regulatory Reform ,
Statistical Sampling ,
Threshold Requirements ,
Toxic Chemicals ,
Water Resources Control Board ,
Water Supplies
New Response Thresholds and Regulations in the Works for Public Water Suppliers -
California has now established the strictest notice levels for PFAS substances of any state in the U.S., and is moving to establish new...more
Federal and State Governments and Courts Concerned About Toxicity and Water Contamination -
Concerns about rising health risks from a group of chemicals called PFAS in water supplies are spurring responses from both...more
For the second time in the last 4 years, and the seventh since the Clean Water Act was adopted in 1972, the federal government has revised the definition of the term “Waters of the United States” for the purposes of the...more
12/13/2018
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
Navigable Waters ,
NPRM ,
Proposed Rules ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through...more
6/22/2018
/ Appeals ,
Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Liability ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Flood Control ,
Groundwater ,
Municipalities ,
NPDES ,
Permits ,
Public Comment ,
Rulemaking Process ,
Surface Water ,
Waste Disposal ,
Wastewater ,
Water Management
Nationwide Stay of WOTUS Rules Remains in Effect -
On February 22, 2016, the Sixth Circuit ruled that it has jurisdiction to hear numerous consolidated petitions filed in both district and circuit courts across the...more
The State Water Resources Control Board set priorities earlier this week for storm water control and capture projects seeking Proposition 1 funding. The Board adopted two sets of guidelines for the awarding of $200 million in...more
An appellate court ordered a trial court judge to reconsider his order that e-mails to and from the San Diego city attorney’s personal account be released publicly. The League of California Cities argued that e-mails between...more
Injunction Applies Only to 13 States That Are Parties to the Case
On Thursday, U.S. District Judge Ralph Erickson in Fargo, N.D. issued a temporary injunction requested by North Dakota and 12 other states prohibiting the...more
The last thing that public agency leaders want to hear is that looming changes may make operating and building new public infrastructure more challenging and expensive. Unfortunately, proposed changes by the Environmental...more
The Environmental Protection Agency recently announced a proposed rule changes related to the Clean Water Act and the definition of the term “Waters of the United States.” If adopted, it is believed they will greatly expand...more
EPA Extends Comment Period on Waters of the U.S. -
Additional Time to Provide Comments on EPA Rulemaking -
The Environmental Protection Agency extended the comment period on the Waters of the United States...more
The Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) formally issued a Proposed Rule today designed to clarify their regulatory jurisdiction under the Clean Water Act. The Proposed Rule will...more
BB&K is Assembling a Coalition of Local Governments to Provide Input -
The Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) released a Proposed Rule designed to clarify their regulatory...more
Public Agencies are Free to Adopt Their Own Policies Regarding Access to Private Communications on Public Issues -
A California Court of Appeal ruled yesterday that public agencies are not required to disclose...more
I. Background and Need for Integrated Planning -
Municipalities face multiple demands for public services and programs that regularly exceed the limited resources available to perform those services or provide those...more