News & Analysis as of

Drinking Water

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

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

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

by Burr & Forman on

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

by Franczek Radelet P.C. on

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

by Perkins Coie on

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...

by Miles & Stockbridge P.C. on

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

by King & Spalding on

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

by Pierce Atwood LLP on

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

by Burr & Forman on

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

by Baker Donelson on

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

by Freeborn & Peters LLP on

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

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