Wastewater

News & Analysis as of

Regulatory Threat to Water and Wastewater Treatment Facilities

A federal inter-agency Chemical Facility Safety and Security Working Group has called for the elimination of an exemption currently enjoyed by water and wastewater treatment facilities from the Chemical Facility and...more

Drought Conditions Cause Eagle Ford Operators to Find Wastewater Recycling Solutions

Amidst what the National Drought Mitigation Center has classified as abnormal to severe drought conditions, operators in Texas’ Eagle Ford Shale formation are taking steps to increase their ability to recycle wastewater...more

State Water Quality Control Board to Consider General Waste Discharge Requirements for Recycled Water Use on June 3, 2014

On June 3, 2014, partially in response to lingering drought conditions throughout the state, the California State Water Resources Control Board (“SWRCB”) will consider adopting a “general” waste discharge requirements (“WDR”)...more

Texas Environmental Update

Gunnison Sage Grouse Continues Its Wobbly Path Toward Listing Energy Legal Blog, May 14, 2014 - Last week, the Gunnison Sage Grouse took another detour on its road to being listed under the Endangered Species Act...more

The State of Fracking

Fracking is not new to California - it has been used in oil fields for decades - but it has recently become a hot political and legal issue with increasing news reports about alleged environmental damage associated with...more

Pennsylvania Supreme Court Weighs in on Amendments to Pa. Oil and Gas Act

In a recent decision, the Pennsylvania Supreme Court held as unconstitutional several provisions in Act 13, which, in part, amended Pennsylvania's Oil and Gas Act to permit oil and gas operations in all zoning districts....more

Tighter Regulations Amid the Fracking Fray: The Bureau of Land Management’s proposals could affect production on 700 million acres...

The federal government is poised to tighten regulation of hydraulic fracturing — the drilling method behind the boom in U.S. natural gas production — by proposing to revise rules affecting 700 million acres of federal and...more

California Department of Conservation ("DOC") Proposes Emergency Rulemaking for SB 4 Interim Well Stimulation Treatment...

On December 11, 2013, the DOC proposed an emergency rulemaking to implement interim provisions of SB 4. Public Resources Code section 3161, part of SB 4, provides for an interim grace period from the permitting requirement...more

More Companies Offering Water Recycling Services

As previously reported, oil and gas companies are seeking innovative and economical solutions to decrease their reliance on fresh water in hydraulic fracturing operations. Although obstacles remain, water recycling may prove...more

The Criminal Side of Fracking: Individuals and Companies Face State and Federal Criminal Charges related to Handling and Disposal...

On Monday, October 28, 2013, the Clean Water Action national environmental organization (“CWA”) filed a federal civil lawsuit against Waste Treatment Corporation for the alleged illegal disposal of hundreds of thousands of...more

Client Alert: PCB Discharges Prompt DHEC Emergency Regulation

On September 25, 2013 the South Carolina Department of Health and Environmental Control (DHEC) filed an emergency regulation (Regulation) in response to multiple occurrences of illegal dumping of substances containing...more

New Texas Law Hopes to Eliminate the Barriers to Recycling Fracking Wastewater

Following a unanimous vote of approval in both the House and Senate and signature of Governor Rick Perry, House Bill 2767 will go into effect in Texas on September 1, 2013....more

Obama Administration Acts on Hydraulic Fracturing Regulations With the Release of Its Revised Rules

On May 13, 2013, the Department of Interior (DOI) and its Bureau of Land Management (BLM) issued a set of revised proposed rules governing hydraulic fracturing on federal lands. The revised rules come on the heels of...more

Water and Wastewater Projects: Financing with Tax-Exempt Bonds

Introduction - Managers of water and wastewater utilities face complex financial challenges. The purpose of this guidebook is to provide an overview of issues relating to the financing of water and wastewater projects...more

NH Supreme Court Says Unlawful Operation Of Solid Waste Facility Or Septic System Can Result In Criminal Penalties

On March 20, 2013, the New Hampshire Supreme Court issued a decision in State v. Guay, holding that the defendant’s unlawful operation of a solid waste facility or septic system can result not just in civil fines, but also in...more

EPA Loses Another Battle in the War Over Guidance: The Eighth Circuit Vacates EPA Policies on Mixing Zones and Bypasses

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

Three Point Shot - March 2013

In this Issue: - Reversal of Fishy Court Opinion Gives Boat Crew Another Chance to Reel in a Million-Dollar Prize - Don’t Eat the Yellow Snow - Grades for Football Prospects Copyrightable, But Sports Writer Not...more

MassDEP Regulatory Reform Release 2.0: Wetlands, Water, and Waterways

In addition to its MCP package, MassDEP has also released its formal regulatory reform proposals for its water, wastewater, wetlands, and waterways programs. As with the MCP proposal, the water package took longer than it...more

Hydraulic Fracturing: New Developments in Water Disposal Reuse and Recycling

In This Presentation: • Water Consumption & Reuse Projections • Regulatory Overview – Federal: UIC exempton/EPA Study – State: RRC MOU/Rule Proposals • Property, Ownership, and Common Law Issues • Earthquake...more

Is CERCLA More Reasonable Than the Common Law? Only in California, I Hope

In Burlington Northern, the Supreme Court made clear that, in order to impose liability on a defendant as an “arranger” under Superfund for the sale of a product, the plaintiff must demonstrate that the defendant "must have...more

California Environmental Law and Policy Update - December 20, 2012

In This Issue: Environmental and Policy Focus California oil land auction draws widespread criticism; New air pollution standards restrict soot particles; Air Resources Board approves carbon offset registries; EPA...more

Research On Flowback Recycling, Wastewater Treatment Commencing In Ohio

As shale drilling sites continue coming online in the Utica Shale region, the demand for alternative means of managing the wastes produced by drilling operations has never been stronger. In response to that demand,...more

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