Drinking Water

News & Analysis as of

Sweeping Climate Change Resolution Adopted by California State Water Board

The State Water Resources Control Board this week adopted a resolution containing a comprehensive set of climate change mitigation and adaptation actions to be applied across all actions by the Board and its regional boards....more

D.C. Circuit Rules in Favor of North Dakota in NEPA Injunction Case

The State of North Dakota, assisted by Special Assistant Attorneys General Nessa Horewitch Coppinger and Ryan Carra, secured a unanimous ruling from the D.C. Circuit Court allowing the design of a water treatment plant to...more

Changed Circumstances Warrant Modifications To Injunction

In Government of the Province of Manitoba v. Zinke, the U.S. Court of Appeals for the DC Circuit reversed the U.S. District Court for the District of Columbia and held that the State of North Dakota could begin designing a...more

No Exception for Latent Disease in N.C. Statute of Repose

Highlighting an area of unsettled law in North Carolina toxic tort litigation, a federal district court in the Eleventh Circuit held that the pre-2014 North Carolina statute of repose contained no exception for latent...more

California to Require Domestic Water Suppliers to Test School Drinking Water for Lead

The State Water Resources Control Board recently adopted an amendment to all Domestic Water Supply Permits it issues to public water systems that supply drinking water. The amendment requires domestic water suppliers for...more

Supreme Court Special Master Recommends Denial of Florida Water Rights Complaint Against Georgia

Florida and Georgia have been fighting for decades about flows in the Apalachicola, Chattahoochee and Flint River Basin (ACF Basin) that provide drinking water for the City of Atlanta, as well as water for agriculture in...more

Arizona Tests for Lead in School Drinking Water Reveal Elevated Levels

The Arizona Department of Environmental Quality (ADEQ) announced at the end of January that it would commence a statewide screening program for the presence of lead in school drinking water. The agency declared that its...more

What Might Be Ahead for Environmental Regulation in the Trump Administration?

By almost every account, the Trump Administration is likely to alter substantially the environmental regulatory landscape. Actions have already been taken to delay the implementation of regulations as well as initiating...more

Illinois Enacts Law Requiring Schools to Lead Test Their Water Supply

Earlier this week, Governor Bruce Rauner signed a new law requiring Illinois elementary schools and day care centers to test their drinking water sources for lead contamination and notify parents of the results of that...more

Second Circuit Upholds EPA’s Water Transfers Rule

The U.S. Court of Appeals for the Second Circuit upheld the U.S. Environmental Protection Agency’s Water Transfers Rule last week. Catskill Mountains Chapter of Trout Unlimited, et al. v. EPA, et al. 14-1823, 14-1909,...more

'Twas the Night Before Christmas - Not a Creature Was Stirring, Except EPA - EPA Releases Final Fracking Report and General...

As the Obama era comes to a close, on Christmas eve the U.S. Environmental Protection Agency (“EPA”) issued its final report on "Hydraulic Fracturing for Oil and Gas: Impacts from the Hydraulic Fracturing Water Cycle on...more

American Iron & Steel Requirement At Issue In Water Infrastructure Legislation

In the early hours of December 10, after weeks of intense negotiations between House and Senate conferees, the Senate voted to send a final package containing Water Resources Development Act (WRDA) language to the President’s...more

Pierce Atwood Environmental Regulatory Compliance Calendar

NEW REGULATORY DEVELOPMENTS - Federal - - Program Requirement Revisions Related to the Public Water System Supervision Programs for Massachusetts, Rhode Island, and Vermont - EPA is giving notice that...more

New Flint Indictments Just in Time for the Holidays

On December 20, 2016, Michigan’s Attorney General announced additional indictments in the Flint water crisis. The indictments against two former emergency managers and two former City of Flint executives bring to 13 the...more

2016 Water Legislation Reaches New Areas & Sets the Stage for President-Elect Trump

In enacting the “Water Infrastructure Improvements for the Nation Act,” Congress expanded the traditional role of Water Resource Development Acts. Where past legislation focused solely on water and navigation projects to be...more

Washington, D.C. Update – December 2016

With the last-minute passage of a Continuing Resolution (CR) to stave off a government shutdown, the 114th Congress has come to an end. When Congress returns in January, it will be faced with a number of immediate challenges,...more

EPA Publishes Study on the Impacts of Fracking on Drinking Water

Since the beginning of the fracking boom, the potential impact of fracking operations upon groundwater has been a hotly contested area. The most recent addition to the public debate is a new EPA report, entitled “Hydraulic...more

A Rise in the Tides for Water Infrastructure

It’s been a productive time for advocates of water in the U.S. with President Obama signing into law the Water Infrastructure Improvements for the Nation Act (WIIN). WIIN includes the Water Resources Development Act of 2016...more

Water Resources Development Act Passes, Authorizing 30 New Infrastructure Projects Nationwide

After months of back and forth, the House and Senate agreed on passage of the Water Resources Development Act (WRDA), a nearly $12 billion measure authorizing 30 new infrastructure projects around the country. The bill, which...more

California Environmental Law & Policy Update - December 2016 #3

Environmental and Policy Focus - Trump picks Perry for top U.S. energy job - Reuters - Dec 15 - President-elect Donald Trump on Wednesday named former Texas Governor Rick Perry to head the U.S. Department...more

Coal Plant Shutdowns: Taking Steps to Control the Reopener

Operators shutting down coal-fired plants would be wise to plan ahead for potential future remediation obligations – aka the “reopener.” Predicting these obligations may be quite difficult, but operators can implement...more

Wrap-Up of Federal and State Chemical Regulatory Developments, December 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Proposes To Add Nonylphenol Ethoxylates To Section 313: On November 16, 2016, the U.S. Environmental Protection Agency (EPA) proposed to add nonylphenol ethoxylates (NPE) as a category for...more

EPA Releases Final Report on Impacts on Drinking Water from Hydraulic Fracturing

Seyfarth Synopsis: With significant objection from Industry, EPA has issued its Final Report on whether hydraulic fracturing activities can impact drinking water resources under certain circumstances. The U.S....more

Open the Floodgates? WRDA Shows Congress Ready to Act on Water Policy, Infrastructure Projects

In the bipartisan Water Resources Development Act (WRDA), which the Senate approved on December 9, Congress addressed major issues in the nation’s water infrastructure, including direct efforts aimed at problems related to...more

Toxic Tort & Product Liability Quarterly Vol. 9, No. 4, December 2016

DC High Court Adopts Daubert Approach to Expert Testimony - In a direct victory for mobile phone manufacturers and service providers, and with implications for any other case involving expert testimony in the District of...more

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