PFAS in Focus: Forever-Engineering With Trent Stober, HDR - Reflections on Water Podcast
On-Demand Webinar | Flood or Drought? A Discussion of the Election’s Potential Legislative Impacts on the Water Sector
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
Water Rights with Eric Garner: Prescriptive Rights
Context is Crucial in Examining BLM’s Proposed Rule for Fracking On Federal Land
The Missouri Department of Natural Resources (“MDNR”) and Thompson Hollow Farms, LLC (“Thompson”) entered into a December 11th Administrative Order on Consent (“Order”) addressing alleged violations of the Missouri Drinking...more
On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more
The Tennessee Department of Environment and Conservation (“TDEC”) issued an August 11th proposed Director’s Order and Assessment (“Order”) to West Point Utility District (“West Point”) alleging violations of the Tennessee...more
Earlier this week, the U.S. Environmental Protection Agency issued a Notice of Proposed Rulemaking titled, PFAS National Primary Drinking Water Regulation Rulemaking. ...more
On March 14, 2023, EPA proposed to regulate certain PFAS under the Safe Drinking Water Act. EPA proposed Maximum Contaminant Level Goals for PFOA and PFOS of zero. It proposed Maximum Contaminant Levels for PFOA and PFOS of...more
The United States Environmental Protection Agency (“EPA”) announced in a December 20th news release that it had added two sites to the Superfund National Priority List (“NPL”). One of the sites is located in Hattiesburg,...more
Just before the July 4th holiday, two Judges on a Ninth Circuit panel reversed their earlier conclusion that conveying contaminated groundwater can give rise to RCRA liability for the "transportation" of a "solid waste". The...more
Today, the Environmental Protection Agency (EPA) released four health advisories for the group of contaminants regularly referred to as “forever chemicals”—perfluoroalkyl and polyfluoroalkyl substances (PFAS). Specifically,...more
A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...more
The Ninth Circuit recently issued a decision in Cal. River Watch v. City of Vacaville (Case No. 20-16605) (“Vacaville”) regarding the breadth of Resource Conservation and Recovery Act (“RCRA”) liability for contributing to...more
A major focus of the Infrastructure Investment and Jobs Act (IIJA) is rehabilitation of water infrastructure, including ports, recreation and irrigation, but with a particular focus on drinking water. As with other parts of...more
In an ACOEL blog posted on July 27, 2021, Seth Jaffe expressed his support for the Supreme Court’s majority opinion in the Maui case and the subsequent ruling by the District Court. In Maui, the Supreme Court held that an...more
The Western States Water Council issued a June 2021 report titled: Water Reuse in the West – Western State Water Reuse Governance and Programs (“Report”) The Report was compiled by Jessica Reimer and Michelle...more
On January 14, 2021, the New Jersey Department of Environmental Protection (“NJDEP”) filed suit against the United States to compel the United States to address immediately contamination of New Jersey groundwater with PFOA...more
Telecommunications - AB 1699 Telecommunications: mobile Internet service providers: first response agencies: emergencies - Fire officials experienced a significant data transmission slowdown of their mobile emergency...more
EPA recently issued an interpretive statement (“Interpretive Statement”) setting forth its position on the Clean Water Act’s (“Act”) regulation of discharges to groundwater, offering much-needed clarity on an issue subject to...more
Seyfarth Synopsis: USEPA published an Interpretive Statement (dated April 12, 2019), that according to the Agency “clarifies” that releases of pollutants to groundwater from a point source are “categorically excluded” from...more
EPA Steps into the Mix While States Continue Swift Action in Light of Potential Health Risks - In a prior posting, we noted the proliferation of state legislative and regulatory activity involving Per- and polyfluoroalkyl...more
This past Valentine’s Day, U.S. Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler announced EPA’s action plan for regulating per- and polyfluoroalkyl Substances (PFAs), which are a class of synthetic...more
On Feb. 14, 2019, U.S. Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler held a live-streamed press conference in Philadelphia, Pennsylvania describing the release of EPA's anticipated PFAS Action...more
On February 14, 2019, the United States Environmental Protection Agency (“EPA”) published its long-awaited “action plan” intended to address potential risks posed by Per- and Polyfluoroalkyl substances (“PFAS”). PFAS are a...more
If you haven’t heard of per-and polyfluoroalkyl substances (PFAS), you likely will soon. Like DDT, PCBs, asbestos, and MTBE before it, PFAS are a class of chemicals that have been used in a wide variety of commercial and...more
The United States Senate Homeland Security and Governmental Affairs Subcommittee (“Subcommittee”) held a September 26th hearing titled: The Federal Role in the Toxic PFAS Chemical Crisis...more
On Feb. 20, 2018, the U.S. Environmental Protection Agency (EPA) published a Request for Comment in the Federal Register seeking comments on a broad range of topics related to the question of whether the Clean Water Act (CWA)...more
On February 1, 2018, the 9th Circuit issued its ruling in Hawai’i Wildlife Fund v. County of Maui that expands coverage under the Federal Clean Water Act (CWA) to discharges of contaminants to groundwater that travel through...more