News & Analysis as of September 24, 2024

Clean Water Act › Utilities Sector

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The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination. The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -

Summary of Latest Federal Action Regarding PFAS

Farella Braun + Martel LLP on 4/21/2022

A few considerations practitioners should keep in mind when dealing with contamination involving per- and polyfluoroalkyl substances (PFAS) contamination. The PFAS Action Act of 2021 passed in the House and was received in...more

The Court-Side Seat: FERC Reviews, Panda Power Plaints and Sovereign Immunity

Pillsbury - Gravel2Gavel Construction & Real... on 4/1/2021

This is a brief report on new environmental law decisions, regulations and legislation. THE U.S. SUPREME COURT - Massachusetts Lobsterman’s Association v. Raimondo, Secretary of Commerce - On March 22, 2021, the Supreme...more

Daylight Shines on Nationwide Permit 12, but Dark Clouds Still Loom

Williams Mullen on 6/29/2020

In a recent special alert addressing Northern Plains Resource Council v. U.S. Army Corps of Engineers, we reported that the federal district court for Montana vacated the U.S. Army Corps of Engineers (Corps) Nationwide Permit...more

Section 404 Permitting/Today & Tomorrow: Jimmy Rogers (FTN Associates) Arkansas Environmental Federation Webinar Presentation

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/9/2020

Mr. Jimmy Rogers undertook a webinar presentation for the Arkansas Environmental Federation titled: Section 404 Permitting – Today & Tomorrow (“Presentation”) - Mr. Rogers is an environmental scientist with FTN...more

Currents - Energy Industry Insights - June 2020

Spilman Thomas & Battle, PLLC on 6/8/2020

Coal Earnings Set to Plunge 50% in North America, Moody's Says - "Earnings for North American coal miners may plunge by more than half this year as the coronavirus pandemic makes a weak market even worse, according to...more

Sewer System Repairs/Exaction: Arkansas Supreme Court Addresses City of Blytheville Fee

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/12/2020

The Arkansas Supreme Court in a February 6th opinion addressed whether a $5.00 fee assessed by the City of Blytheville, Arkansas (“Blytheville”) constituted an illegal exaction in violation of the Arkansas Constitution. See...more

Currents - Energy Industry Insights - February 2020

Spilman Thomas & Battle, PLLC on 2/11/2020

The Insanity is Over: ‘Navigable’ Now Means ‘Navigable’ Again - "The Trump administration has now announced that the intentionally ambiguous and easily abused Waters of the United States Rule has been replaced by the new,...more

Wastewater Enforcement: Arkansas Department of Energy and Environment - Department of Environmental Quality and Phillips County...

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/20/2020

The Arkansas Department of Energy and Environment - Department of Environmental Quality (“DEQ”) and Southland Improvement District (“SID”) entered into a December 19th Consent Administrative Order (“CAO”) addressing an...more

PFAS Legislation Aims to Impact Clean Water Utilities

Steptoe & Johnson PLLC on 7/24/2019

The United States House of Representatives has passed per-and polyfluoroalkyl substances (“PFAS”) legislation as part of annual amendments to the National Defense Authorization Act (“NDAA”), H.R. 2500. Two last-minute...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Faulkner County, Arkansas Wastewater Treatment Facility...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/24/2019

The Arkansas Department of Environmental Quality (“ADEQ”) and Flushing Meadows Utility Operating Company, LLC (“FMUOC”) entered into a May 29th Consent Administrative Order (“CAO”) addressing a Clean Water Act National...more

Currents - Energy Industry Insights - April 2019 #4

Spilman Thomas & Battle, PLLC on 4/27/2019

Judge Delivers Major Setback to Trump Policy to Increase Coal Mining on Federal Land - "But the court ruling does say that the 2017 Trump administration policy, enacted by former Interior Secretary Ryan Zinke, to overturn...more

Infrastructure Risks and Opportunities

WilmerHale on 2/15/2019

This is the third issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. ...more

Environmental Notes - January 2019

Williams Mullen on 12/20/2018

EPA recently released a final regional office realignment plan in response to President Trump’s March 2017 Executive Order 13781. That order required EPA and other federal agencies to improve efficiency, effectiveness, and...more

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

Holland & Knight LLP on 2/21/2018

• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

Water and Wastewater Workforce: January 2018 U.S. Government Accountability Office Report Addressing Recruiting

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/13/2018

The United States Government Accountability Office (“GAO”) issued a January 2018 report titled: Water and Wastewater Workforce – Recruiting Approaches Help Industry Hire Operators, but Additional EPA Guidance Could Help...more

Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRA

Perkins Coie on 11/9/2017

The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean...more

U.S. Army Corps Issues 2017 Clean Water Act Nationwide Permits

Latham & Watkins LLP on 4/11/2017

Modifications and updates to the general permits will impact both new and ongoing projects, including in energy, mining, transportation, and construction sectors. Key Points: - Nationwide Permits 12 and 14, which...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

Pillsbury Winthrop Shaw Pittman LLP on 8/4/2016

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

Feinstein Introduces the California Emergency Drought Relief Act

Nossaman LLP on 8/7/2015

Senator Dianne Feinstein (D-CA) introduced a bill last week to help address ongoing and future drought in California. The bill, known as the California Emergency Drought Relief Act (Act), is expected to be folded into broader...more

Regional Stormwater Systems: How Should They Be Structured and Financed?

McNees Wallace & Nurick LLC on 4/23/2014

In the world of water and sewage, there are three general types of systems: A "water system" is for drinking water. Raw water is taken from a collection point (for example, a river, a lake or an underground aquifer)...more

EPA, Army Corps Propose New Rule to Govern Federal Clean Water Act Jurisdiction

Latham & Watkins LLP on 4/11/2014

Intended to clarify confusion from prior US Supreme Court decisions, the rules could have far-reaching implications for many stakeholders. The US Environmental Protection Agency (EPA) and the US Army Corps of...more

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Clean Water Act › Utilities Sector

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