News & Analysis as of

Wastewater Drinking Water

Nossaman LLP

EPA Announces $7.5 Billion in Available Loans for Water Infrastructure Projects

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On September 6, 2024, EPA announced $7.5 billion in available loan funding through the Water Infrastructure Finance and Innovation Act (WIFIA). From that total, $6.5 billion is available through WIFIA loans and $1 billion is...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 7.19.24

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A judge has temporarily blocked a plan by a California state water board to take over monitoring groundwater use in a portion of the crop-rich San Joaquin Valley, according to a copy of the decision obtained on July 16. Kings...more

Burns & Levinson LLP

Wastewater Treatment for Nutrients and the Continuing Saga of Unintended Consequences

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We have written extensively on the recent rollout by EPA and the implications of PFAS requirements for monitoring and treatment by publicly owned water and wastewater (“WWTP”) treatment plants, including those operated as...more

Hogan Lovells

Se Reforma la Constitución de la Ciudad de México en Materia de Agua y Vivienda.

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El Congreso de la Ciudad de México reformó la Constitución local con el fin de profundizar en el derecho a una “ciudad solidaria” y el ordenamiento territorial, específicamente los derechos fundamentales a la vivienda, así...more

McCarter & English, LLP

New Jersey FY 2025 – Department of Environmental Protection and Board of Public Utilities Budget Hearings

NJDEP is tasked with a multitude of responsibilities including overseeing statewide environmental governance through the divisions of Water Resource Management, Air Quality Energy and Materials Sustainability, Contaminated...more

Maron Marvel

PFAS Enforcement Discretion and Settlement Policy Under CERCLA

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On April 17, 2024, the EPA signed a final rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The...more

Nossaman LLP

EPA’s Enforcement Discretion and Settlement Policy for its PFAS CERCLA Rule | Part II: A Salve or Hot Air?

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PART II - As detailed in Part 1 of this eAlert, on April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS),...more

Snell & Wilmer

EPA opens the Door to Widespread Liability to Businesses

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EPA’s listing of two “forever Chemicals” as CERCLA hazardous substances will re-open sites that companies had thought were closed. And every user of a product that contained them may become responsible for a share of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFOA/PFOS/CERCLA: U.S. Environmental Protection Agency Final Rule Designating as Hazardous Substances

The United States Environmental Protection Agency (“EPA”) issued a prepublication version of a Final Rule that would designate two of the Per-and polyfluoroalkyl substances (“PFAS”) as Comprehensive Environmental Response,...more

Nossaman LLP

White House Officials Want State Water/Wastewater Cybersecurity Plans Soon

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In response to “multiple” cyber threat vectors, the Biden administration has asked governors of all 50 states to generate cybersecurity plans within 90 days (approximately July 1, 2024) to protect local water and wastewater...more

Nossaman LLP

White House Issues Dire Warning Regarding Drinking Water Supply and Wastewater System Cyberattacks

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The Biden-Harris Administration is redoubling its efforts to improve cybersecurity for the nation’s water systems. In March, the EPA and the White House issued a dire warning to state governors alerting them of the need to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Climate Change in the Drinking Water/Wastewater Sectors and the Impact on Financial Resilience, Insurability, and Credit and...

The United States Environmental Protection Agency (“EPA”) has issued a report titled: Climate Change in the Drinking Water and Wastewater Sectors and the Impact on Financial Resilience, Insurability, and Credit and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Perspectives on Capacity/Managing Drinking Water State Revolving Fund Infrastructure Investment/Jobs Act Funding: U.S. EPA Office...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a February 27th report titled: Perspectives on Capacity: Managing Drinking Water State Revolving Fund Infrastructure...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater/Drinking Water/ Wastewater Infrastructure: U.S. Environmental Protection Agency Announces $53,099,000 funding for...

The United States Environmental Protection Agency (“EPA”) issued a February 22nd news release stating it is providing $53,099,000 to Arkansas for its Clean and Drinking Water State Revolving Funds (collectively, “SRF”). ...more

Williams Mullen

EPA to Issue Information Collection Requests to Set PFAS Limitations for Textile Wastewaters

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The textile manufacturing sector cannot escape EPA’s rush to regulate per- and polyfluoroalkyl substances (PFAS). EPA recently requested comment on an Information Collection Request (ICR) to finish the process. Response to...more

Pillsbury - PFAS Observer

Major PFAS Legislation Stalled Amid Debate on PFAS Liability for Passive Receivers

As in 2023, Congress continues to focus on PFAS issues in the first months of 2024. In this 118th Congress, at least 39 bills focused on PFAS have been introduced along with several dozen additional bills that tangentially...more

Goldberg Segalla

Anyone Want Some Wastewater to Drink?

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Last month, the California State Water Resources Control Board (SWRCB) unanimously approved regulations to allow water systems throughout California to develop treatment protocols to quickly convert wastewater into drinking...more

Fox Rothschild LLP

Recent Progress Report Issued by EPA Foreshadows Landmark Year for Federal Regulation of PFAS

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Soon after the Biden Administration took office, the United States Environmental Protection Agency (“EPA”) issued a Strategic Roadmap highlighting the many ways it planned to “research, restrict, and remediate” per-and...more

Holland & Knight LLP

2023 PFAS Year in Review: EPA Policy and Aqueous Film-Forming Foam Litigation Updates

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2023 was a busy year for folks following legal developments related to per- and polyfluoroalkyl substances (PFAS). In December, the U.S. Environmental Protection Agency (EPA) issued its Second Annual Progress Report. Some of...more

Nossaman LLP

Toilet-to-Tap or the Future of California Water?

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If there is one truism in California water, it is that there is not enough of it. In part to try to help address that issue, on December 19, 2023, the California State Water Resources Control Board (State Water Board) adopted...more

Nossaman LLP

Challenges to EPA’s Water Facility Cybersecurity Mandates Successful

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Despite efforts to stem increasing cyber threats to water systems around the nation, on October 13, 2023, the United States Environmental Protection Agency (EPA) withdrew cybersecurity mandates put in place by the Biden...more

Allen Matkins

California Environmental Law & Policy Update 10.06.23

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The U.S. Environmental Protection Agency (EPA) has finalized a rule that will provide the agency, its partners, and the public with a dataset of certain per- and polyfluoroalkyl substances (PFAS) manufactured and used in the...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 9.22.23

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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

Cozen O'Connor

Virginia AG: Monsanto to Pay $80 Million to Remediate PCB Contamination

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Virginia AG Jason Miyares reached an $80 million settlement with Monsanto Co. to resolve allegations that the company’s distribution of polychlorinated biphenyls (PCBs) caused environmental contamination in the state....more

Burns & Levinson LLP

PFAS – Promising Developments

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We have probably already read (and written) too much about the challenges of dealing with “forever chemicals” in drinking water and wastewater treatment.  However, recent developments hold some hope for addressing forever...more

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