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
On February 8, 2024, the U.S. Environmental Protection Agency (EPA) proposed two new rules to implement the agency’s ongoing efforts to regulate PFAS. Both proposed rules relate to regulations under the Resource...more
The U.S. Environmental Protection Agency (EPA) announced release of its Draft Guidance Regarding NPDES Permitting of Certain Discharges through Groundwater to Surface Waters (Draft Guidance) on Nov. 20, 2023, notice of which...more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
California legislators have passed a bill articulating the scope of the State Water Resources Control Board’s authority to investigate water rights. Senate Bill 389, which will go to Governor Gavin Newsom’s desk for a final...more
Governor Sarah Huckabee Sanders issued an Executive Order (“EO”) requesting that the Arkansas Department of Agriculture Natural Resources Division (“NRD”) undertake: A comprehensive analysis/report of the State’s water...more
On June 27, the European Parliament proposed amendments to legislation aimed at reducing pollution in Europe’s water bodies covering inland, transitional and coastal surface waters and groundwater, to better protect human...more
Over the past five weeks, we have described the wide range of water resources available to meet Arizona’s current and future needs. These resources include groundwater, in-state surface water, Colorado River water, long-term...more
California courts have long recognized the state’s duty to protect its tidelands, navigable waterways, and submerged lands (i.e., the land below the high tideline) under the common law public trust doctrine. However,...more
It seems that not a day goes by without another news story bringing Arizona to the forefront of a national dialogue about water security in a time of drought, changing climate, and growing population. This article is Part 6...more
The District of Columbia Department of Energy and Environment (DOEE) published a Notice of Proposed Rulemaking (Proposed Rule) to adopt a new Chapter 16 – Discharge of Groundwater to the Municipal Separate Stormwater Sewer...more
How water rights are granted and managed in the United States has always been a challenge. Unlike land grants, which are finite areas, water knows no boundaries and flows freely. How water is distributed, managed, and...more
State drinking water, surface water, and groundwater regulations are now all in one place—through an easy-to-use, interactive map. Regulations on per- and polyfluoroalkyl substances (PFAS) vary by state and continue to...more
Last year, California Gov. Gavin Newsom signed the budget trailer bill, Senate Bill (SB) 155 into law. The bill modifies the deadline and reporting period for surface water diversion reports submitted annually to the State...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
Proposed regulatory changes will increase the extent of lands throughout the country that will be designated, and regulated, as wetlands. On June 9, 2021, the Department of the Army and the Environmental Protection Agency...more
In support of California’s efforts to investigate and evaluate the presence of per- and polyfluoroalkyl substances (PFAS) in the environment, the San Francisco Bay Regional Water Quality Control Board (Regional Board) has...more
On April 21, 2020, the EPA and USACE (jointly the "Agencies") had published in the Federal Register the final rule, "Navigable Waters Protection Rule" (NWPR), which has a scheduled effective date of June 22, 2020. Thus, what...more
Two major environmental bills have come forward on the Senate side. One, proposing changes to the Transfer Act, is largely what might have been expected from the working group created by PA 19-175 to study further...more
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a January 27th Project Notification titled: EPA's Adherence to Pesticide Registration Risk Assessment Regulations,...more
November 26, 2019, Judge William Young ruled that discharges to groundwater are not subject to Clean Water Act jurisdiction, even if they ultimately reach surface waters that are unambiguously waters of the United States. He...more
New California Law to Help Achieve SGMA Requirements - Assembly Bill 658, signed into law last week, creates new temporary diversion permits allowing for excess surface water capture during high-flow events. Permits...more
Colorado Issues New Draft Dewatering and Remediation Permits - The Colorado Department of Public Health and Environment (CDPHE) has issued draft general permits addressing groundwater discharges for new and existing...more
On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more
In the last year, litigation involving per- and polyfluoroalkyl substances (PFAS) has spiked across the nation. To date this litigation has been centered in eastern and mid-western states and the wave of litigation has yet to...more
By way of background, in 2016 the New York State Department of Environmental Conservation (NYSDEC) listed two long-chain per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS—as hazardous substances. However, NYSDEC did...more