News & Analysis as of

Drinking Water

EPA Releases Quick Guide for Registering Disinfectant Products for Drinking Water Use

by Bergeson & Campbell, P.C. on

On October 17, 2017, the U.S. Environmental Protection Agency (EPA) issued a “Quick Guide for Disinfectant Products for Drinking Water Use by Public Water Systems” (Quick Guide) which it states was developed “in response to...more

Arkansas Department of Health Engineering Section: Website Redesign

The Arkansas Department of Health (“DOH”) discussed in Volume 30 (No. 3) of the Fall 2017 edition of the publication Arkansas Drinking Water Update the redesign of its webpage. An article authored by Jeff Stone noted that...more

Massachusetts Permitting Goes Online

by Beveridge & Diamond PC on

Finally catching up with many states that have made it possible to apply for and review permits online, Massachusetts’ Energy and Environmental Information Public Access System (EIPAS) went online last month, promising to...more

Interstate Pipeline Project: Federal Appellate Court Addresses Challenge to State Water Quality Certification

The United States Court of Appeals for the 3rd Circuit (“Court”) addressed a challenge to a permit issued by the Pennsylvania Department of Environmental Protection (“DEP”) related to the proposed construction of an...more

U.S. EPA Office of Inspector General Project Notification: Public Notification of Drinking Water Quality

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued an August 18th Project Notification stating that it is planning to begin preliminary research on the public notification of...more

California Environmental Law and Policy Update - August 2017 #4

by Allen Matkins on

Environmental and Policy Focus - Interior Department identifies 'a handful' of national monuments to shrink in its report to Trump - San Diego Union-Tribune - Aug 24 - The White House is getting ready to move on...more

D.C. Federal Court Approves NEPA Environmental Impact Statement for Major Drinking Water Project

by Beveridge & Diamond PC on

After more than 13 years of litigation, the United States District Court for the District of Columbia approved the Supplemental Environmental Impact Statement (EIS) for the State of North Dakota’s Northwest Area Water Supply...more

Is That Regulation Affordable? If It’s Under the Safe Drinking Water Act, It Better Be

by Alston & Bird on

You open your mailbox. There’s your monthly water bill. Inside, you notice it’s gone up nearly $500—but your use hasn’t changed. How could this be? And maybe more important, can you afford it? This is an essential...more

California Environmental Law and Policy Update - August 2017 #2

by Allen Matkins on

Environmental and Policy Focus - New California law gives air quality officials power to quickly shut down industrial operations - Los Angeles Times - Aug 7 - Governor Jerry Brown on Monday signed legislation,...more

Superior Court Invalidates Hexavalent Chromium Drinking Water Standard

Earlier this month, Judge Christopher E. Krueger of the Sacramento Superior Court issued an order invalidating the Maximum Contaminant Level (MCL) for hexavalent chromium. The California Department of Public Health (“DPH”)...more

BB&K Government Relations Team Helps Client Secure Federal Grant for Water Project - Las Virgenes-Triunfo JPA Pure Water Project...

by Best Best & Krieger LLP on

With the assistance of Best Best & Krieger LLP’s Government Relations team, including Senior Director of Governmental Affairs John Freshman in Washington, D.C., a client received almost $500,000 in federal funding for water...more

California Environmental Law & Policy Update - May 2017 #2

by Allen Matkins on

Environmental and Policy Focus - Senate unexpectedly rejects bid to repeal key Obama-era methane regulation - Washington Post - May 10 - The U.S. Senate narrowly voted down a resolution on Wednesday to repeal an...more

Preparations Underway to Regulate 1,2,3-TCP in California’s Drinking Water - State Water Resources Control Board Held Public...

by Best Best & Krieger LLP on

In preparation for California adopting a maximum contaminant level for 1,2,3-trichloropropane in drinking water, the State Water Resources Control Board staff discussed potential reporting requirements and changes to...more

Client Alert: Non-Governmental Organizations (NGOs) Seek to Compel U.S. EPA to act on Ohio EPA’s Submission of its List of...

On April 25, 2017, the National Wildlife Federation, Alliance for the Great Lakes, Lake Erie Charter Boat Association, Lake Erie Foundation, Michigan United Conservation Clubs, and Ohio Environmental Council (NGOs) filed a...more

Downstream drama: Iowa utility can’t recover damages from county drainage districts

by Thompson Coburn LLP on

The complex issues affecting agriculture and related industries came into sharp focus recently with an Iowa Supreme Court decision that considered whether one government entity can sue another for damages related to water...more

EPA's WIFIA Program to Provide Credit Assistance for Water Infrastructure Projects - Construction Executive

With the Trump administration in full gear, hopes are high the new president and Congress will enact legislation supporting and expanding investment in U.S. infrastructure. While the two political parties may disagree on the...more

Landfill Expansion Project Halted by MassDEP

by Beveridge & Diamond PC on

Company Settles MassDEP enforcement case, Reaches Agreement with MassDEP to split $10 Million Cost to Construct Drinking Water Line and Receives Notice of Intent to Sue from Environmental Groups - A proposal to expand...more

Recent PFAS Case Law – RCRA, CERCLA and Toxic Tort Claims

by Beveridge & Diamond PC on

A new class of emerging contaminants poses challenges at remediation sites and for the protection of drinking water, and is generating new toxic tort litigation. Per- and polyfluoroalkyl substances (PFAS) are emerging...more

Sweeping Climate Change Resolution Adopted by California State Water Board

by Best Best & Krieger LLP on

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

by Beveridge & Diamond PC on

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

by Beveridge & Diamond PC on

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

by Best Best & Krieger LLP on

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

by Holland & Knight LLP on

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

by Snell & Wilmer on

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

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