UPDATE: On August 23, 2023 the California Supreme Court, sitting en banc, denied Waterkeeper’s petition for review. The Second District Court of Appeal’s ruling therefore remains the governing law....more
On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more
The United States Composting Council (“USCC”) recently issued a document titled: PFAS Positioning and Guidance Statement (“Statement”)...more
The Environmental Protection Agency (EPA) recently signaled a path forward on its roadmap to address PFAS contamination, something industry, water suppliers, and wastewater treatment operators, to name a few, have been...more
United States Environmental Protection Agency (“EPA”) Office of Resource Conservation and Recovery Director Carolyn Hoskinson transmitted a September 9th letter providing an interpretation of the Resource Conservation and...more
The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) issued a June 17th decision challenging certain conditions in a Keene, New Hampshire, (“City”) Public Owned Treatment Works...more
The National Association of Clean Water Agencies (“NACWA”) submitted April 26th comments to Region 1 of the United States Environmental Protection Agency (“EPA”) addressing its draft National Pollutant Discharge Elimination...more
Cannabis growing and processing operations face increasing regulatory pressure to assess and reduce their environmental impacts – especially in the areas of water quality, air emissions, energy use and sustainability,...more
On July 9, 2020, the California State Water Resources Control Board (State Water Board) issued an investigative order (the Order) to sample for per- and polyfluoroalkyl substances (PFAS) at more than 250 publicly owned...more
The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed a June 29th Petition for Review (“Petition”) filed by the City of Lowell, Massachusetts, (“Lowell”). See NPDES Appeal No....more
The Association of Clean Water Administrators (“ACWA”) submitted October 31st comments to the United States Environmental Protection Agency (“EPA”) on an August 31st Federal Register Notice soliciting input on: . . ....more
New Source Review (“NSR”) remains a focus of enforcement for EPA. Between last year and now, EPA finalized eight settlements with manufacturers and one with a utility, asserting NSR violations for allegedly not obtaining a...more
The United States Environmental Protection Agency (“EPA”) issued a December 29th Federal Register notice of an Information Collection Request (“ICR”). See 82 Fed. Reg. 61756....more
The United States Environmental Protection Agency (“EPA”) issued a final rule addressing the Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Publicly Owned Treatment Works (“POTW”). ...more
On April 11, 2016, the U.S. Environmental Protection Agency (EPA) issued a memorandum entitled "Coverage for ZirconizationTM Under 40 CFR Part 433 (Metal Finishing ELG)," which concludes that "wastewater generated by...more
Facilities discharging industrial wastewater to Publicly Owned Treatment Works (POTWs) must be keenly sensitive to changes in the nature and volume of their discharge. Proper planning, notification and interaction with the...more
On Monday, EPA lost another battle in the war over guidance. In Iowa League of Cities v. EPA, the 8th Circuit Court of Appeals vacated two letters that EPA had sent to Senator Charles Grassley concerning biological mixing...more