News & Analysis as of

Wastewater 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

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

Arkansas Environmental Federation Annual Sustainability Summit: Call for White Papers is Announced

The Arkansas Environmental Federation (“AEF”) will be holding its Annual Sustainability Summit (“Summit”) in March 2025. AEF holds the Annual Summit in partnership with the Arkansas State Chamber of Commerce....more

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

Critical Infrastructure Protection/EPA Urgently Needs a Strategy to Address Cybersecurity Risks to Water/Wastewater Systems: GAO...

Critical Infrastructure Protection/EPA Urgently Needs a Strategy to Address Cybersecurity Risks to Water/Wastewater Systems: GAO Issued Report - The United States Government Accountability Office (“GAO”) released on August...more

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

Current/Long-Term U.S. Environmental Protection Agency Clean Water Act Related Rulemakings: Association of Clean Water...

The Association of Clean Water Administrators (“ACWA”) published in its current newsletter a link to described as follows: ACWA rules chart updated to reflect current and long term relevant EPA clean water related actions....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

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

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

Woods Rogers

What You Need To Know About CISA’s Cybersecurity Guidance for the Water & Wastewater Sector

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CISA’s Incident Response Guide outlines ways in which WWS owners and operators can engage with federal agencies to prepare for, mitigate, and respond to cyber incidents, including best practices for incident response and...more

Oberheiden P.C.

The Ultimate Guide to Clean Water Act Compliance in 2024 (and Beyond)

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Companies that produce and discharge pollutants are subject to U.S. Environmental Protection Agency (EPA) oversight under the Clean Water Act. The EPA routinely conducts inspections focused on federal laws like Oil Pollution...more

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

Incident Response Guide/Water and Wastewater Sector: FBI/EPA/CISA Announce Release

Three federal agencies announced the joint production and release of a document titled: Incident Response Guide – Water and Wastewater Sector (January 2024) (“Guide”)...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

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

EPA Fiscal Year 2024 Top Management Challenges: U.S. EPA Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued on November 15th a document titled: The EPA’s Fiscal Year 2024 Top Management Challenges (“Report’) See Report No....more

Burns & Levinson LLP

“Phosphogeddon” – An Opportunity for Wastewater Treatment and Solids Management?

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The epic depletion of naturally occurring phosphorous in the environment, or “Phosphogeddon,” as it is euphemistically called often by some who discount its significance, may be the next great environmental challenge, ranking...more

Nossaman LLP

Adapting to Climate Change, Inland

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Managed retreat—the process of moving people and property away from the shoreline—is an unpopular but increasingly accepted response to rising sea-levels. In the inaugural issue of Nossaman’s California Water Views – 2023...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

Downey Brand LLP

Supreme Court Denies Review of California Appeals Court Ruling that State Water Board’s Duty to Prevent Waste and Unreasonable Use...

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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

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

Evaluation of Current Alternatives and Estimated Cost Curves for PFAS Removal/Destruction: Minnesota Pollution Control Agency...

The Minnesota Pollution Control Agency (“MPCA”) released in early June a report titled: Evaluation of Current Alternatives and Estimated Cost Curves for PFAS Removal and Destruction from Municipal Wastewater, Biosolids,...more

Nossaman LLP

UPDATE: Court Holds Reasonable Use Finding Not Required for Wastewater Discharge Permits

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UPDATE: In response to a request for modification by the State and Regional Water Boards, the Second District Court of Appeal has limited certain aspects of its prior ruling. The primary ask of the State and Regional Water...more

Burns & Levinson LLP

Today’s Challenges to Wastewater Treatment and Sludge Management

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As a consequence of the efforts by EPA and state environmental authorities throughout New England and beyond to update wastewater treatment requirements, including management of the sludge produced, significant questions and...more

Jenner & Block

Incorporating PFAS in Industrial Wastewater Discharge Permits to Minimize Risk or Extent of Future CERCLA Liability

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PFAS are being detected in drinking water systems across the United States. Moreover, evolving regulatory developments already require or soon will require that public water systems sample for and remediate these chemicals....more

Downey Brand LLP

California Appeals Court Rules that State Water Board’s Duty to Prevent Waste and Unreasonable Use of Water is “Highly...

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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

Polsinelli

Looting of Local Governments Leads to Cybersecurity Standards for the Water and Wastewater Sector

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Last week classes for elementary schools, high schools and a community college in Boston were canceled due to a cyberattack. Last month an Arkansas school district approved a payment of $250,000 to cybercriminals to retrieve...more

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

Arkansas Environmental Service Firms: Alliance Technical Group Acquires GBMc & Associates

Alliance Technical Group, LLC, (“ATG”) issued a December 6th news release stating that it had acquired GBMc & Associates (“GBMc”). ATG states that the acquisition was backed by investment funds managed by Morgan Stanley...more

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