Wastewater

News & Analysis as of

Texas Supreme Court Avoids Answering a Fundamental Question in a Wastewater Disposal Case

One year ago, in the May 2014 issue of the Energy Newsletter, we highlighted the case of Environmental Processing Systems, L.C. v. FPL Farming Ltd., (2015 WL 496336) an important environmental trespass case pending before the...more

Environmental Notes - May 2015

In this Issue: - Virginia’s Draft State Water Resources Plan - Frequent Questions: Form R Part II - Manufacturers and Temporary Workers - Farms and the Water Resources Reform and Development Act...more

Change Management for the Industrial Wastewater Discharger

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

Appellate Court Reaffirms Broad Discretion of Trial Courts to Determine Appropriate Attorneys’ Fees

The Fourth Appellate District upheld the trial court’s award of less than 10% of the fees requested by the prevailing petitioner in a CEQA case, finding no abuse of the broad discretion accorded trial courts in awarding fees....more

USEPA Releases Proposed Rule on Fracking Wastewater Treatment; Says There Will be No Costs to Industry

On Tuesday, April 7, the U.S. Environmental Protection Agency (“USEPA”) published a proposed rule in the Federal Register for regulation of wastewater from unconventional oil and gas operations (“UOG”), which includes...more

BLM Announces New Hydraulic Fracturing Rules for Oil and Gas Wells on Federal Lands; Industry Trade Associations and the State of...

On March 26, 2015, the U.S. Interior Department's Bureau of Land Management (BLM) published its final rule setting new standards for hydraulic fracturing on onshore federal and Indian lands. The final rule, as published in...more

House Bill Would Block EPA From Vetoing Dredge And Fill Permits Issued By Army Corps Of Engineers, and Other Recent CWA...

House Bill Would Block EPA From Vetoing Dredge And Fill Permits Issued By Army Corps Of Engineers: On March 3, 2015, West Virginia's entire House of Representatives delegation re-introduced a bill that is intended "to stop...more

California Environmental Law & Policy Update - March 2015

Environmental and Policy Focus: Berkeley Hillside: New Supreme Court decision defines limits of CEQA exemption challenges to development: Allen Matkins - Mar 2: On March 2, the California Supreme Court issued the...more

California Environmental Law & Policy Update - February 2015 #2

Environmental and Policy Focus: State Water Board launches investigation into claims of senior water rights - Allen Matkins - Feb 9: On February 4, 2015, the State Water Resources Control Board issued an order seeking...more

Texas Supreme Court Leaves Trespass Question Unanswered

Last week, the Texas Supreme Court issued its opinion in Environmental Processing Systems LC v. FPL Farming Ltd., case number 12-0905, and specifically declined to address the issue of whether wastewater that migrates under...more

Primary Steps New Jersey Municipalities Must Take to Sell or Lease Public Water or Wastewater Systems to Regulated Utilities Under...

On February 5, 2015, New Jersey Governor Chris Christie signed into law the Water Infrastructure Protection Act to authorize municipalities to transfer water and wastewater assets to regulated utilities by sale or long-term...more

Is Wastewater Migration From Disposal Wells A Trespass Under Texas Law? The Texas Supreme Court Declines to Answer

In Environmental Processing Systems, L.C. v. FPL Farming Ltd., a landowner sued the operator of a neighboring wastewater disposal facility on the theory that deep subsurface wastewater trespassed beneath the landowner’s...more

Environmental Alert: "Texas Supreme Court Declines to Determine Effect of Permit in Subsurface Trespass Case"

The Supreme Court of Texas upheld a jury verdict finding that a landowner did not suffer trespass from a wastewater injection well located on adjacent property. Environmental Processing Systems, L.C., v. FPL Farming Ltd.,...more

Texas PUC to Submit Proposed Rules for Adoption

In September 2014, responsibility for regulation of water and wastewater utilities was transferred from the Texas Commission on Environmental Quality (TCEQ) to the Public Utility Commission (PUC). The transfer allows TCEQ to...more

Here Today & Fracked Tomorrow: A Review of SB 4 in 2014

On Wednesday, December 17, I gave a presentation to the Groundwater Resources Association (“GRA”). I reviewed the past year’s developments in California’s regulation of hydraulic fracturing and previewed my future...more

Current Water Utility CCN Decertification Issues At The Public Utility Commission Of Texas

The responsibility for the regulation of water and sewer service, including the oversight of certificates of public convenience and necessity (“CCNs”), was recently transferred from the Texas Commission on Environmental...more

Oklahoma Supreme Court Reconciles Sewer Backup Exclusion With Accidental Discharge Coverage Grant

In May, we reported that a New York court had found that a policy containing both an exclusion for water that backs up through sewers and drains and a coverage grant for accidental discharge or overflow from a plumbing system...more

EPA Proposes Requirements to Reduce Discharges of Mercury from Dental Offices

On September 25, 2014, the U.S. Environmental Protection Agency (EPA) proposed new requirements aimed at decreasing discharges of dental amalgam (which contains mercury and other metals) into our public water. At this time,...more

California Environmental Law and Policy Update - September 2014 #3

Environmental and Policy Focus: California acts to manage statewide groundwater issues: Allen Matkins - Sep 19: Faced with record drought and depleted groundwater supplies statewide, the California Legislature has...more

EPA Requests Comments on Nanomaterials Manufacturing and Formulating for Effluent Guidelines Program Plan

On September 16, 2014, the U.S. Environmental Protection Agency (EPA) published a Federal Register notice announcing the availability of the combined Final 2012 and Preliminary 2014 Effluent Guidelines Program Plans and EPA’s...more

Honeywell’s UOP Releases New Biological Wastewater Treatment System

On August 26, 2014, Honeywell announced the commercial launch of the XCeed™ bioreactor system. The system is based on immobilized cell bioreactor technology and is more efficient and cost-effective than many other systems...more

Youngstown, Ohio, Contractor Sentenced to 28 Months in Prison for Wastewater Dumping Scheme

We previously reported on the federal criminal and State of Ohio enforcement actions arising from the release of tens of thousands of gallons of hydraulic fracturing waste into a Youngstown, Ohio, area tributary by Hard Rock...more

Fracking Contractor Sentenced to 28 Months in Prison for Clean Water Act Violation

A federal court in Ohio has handed down a 28-month prison sentence and imposed a $25,000 fine for dumping fracking waste in violation of the Clean Water Act....more

Leaked EPA Draft Offers Insight into Upcoming Shale Wastewater Regulations

The rapid expansion of shale drilling in recent years has brought with it an increase in the wastewater that is generated during the fracking process. One fracking well can produce over one million gallons of wastewater in a...more

National Conference for Public-Private Partnerships Concludes P3 Connect Summit

After a re-boot, the National Conference for Public-Private Partnerships (NCPPP) concluded a three day summit July 30 in Denver, Colorado on all things P3. NCPPP’s “P3 Connect” annual meeting held programs addressing...more

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