News & Analysis as of

Drinking Water Wastewater

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

Wastewater/Drinking Water Infrastructure Program Funding Developments: Congressional Research Service Report

The Congressional Research Service (“CRS”) issued a March 31st report titled: Wastewater and Drinking Water Infrastructure Program Funding Developments (“Report”). The Report updates a number of issues associated with...more

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

95th Arkansas General Assembly: Legislation Introduced Prohibiting Discharges into Waterbodies Utilized by A Public Water System

Senate Bill 556 has been introduced which would amend Arkansas Code Title 8, Chapter 3, Subchapter 1 to add an additional Section titled:                                 8-3-104. Watershed Discharge Prohibition...more

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

PFAS Removal Report/Strategies/Funding Options to Address PFAS Removal in Drinking Water/Wastewater: Minnesota Pollution Control...

The Minnesota Pollution Control Agency (“MPCA”) prepared a January 2025 Report titled: PFAS Removal Report – Strategies and funding options to address PFAS removal in drinking water and wastewater (“Report”)....more

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

Water Systems PFAS Liability Protection Act: Legislation Shielding Water Utilities Introduced by Representatives Gluesenkamp Perez...

United States House of Representatives Marie Gluesenkamp Perez (Washington) and Celeste Maloy (Utah) introduced legislation titled: Water Systems PFAS Liability Protection Act (“Act”). The objective of the legislation is to...more

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

Safe Drinking Water Act Enforcement: U.S. Department of Justice and Thermal, California Mobile Home Park Enter into Consent Decree

The United States Department of Justice (“DOJ”) on behalf of the federal Environmental Protection Agency (“EPA”) entered into a January 16th Consent Decree (“CD”) with the operators of the Oasis Mobile Home Park (“Park”) for...more

Lathrop GPM

EPA Releases Long Awaited Risk Assessment of PFOA and PFOS in Biosolids

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On January 14, 2025, the EPA released for public comment a risk assessment report evaluating the potential risks associated with land application and land disposal of biosolids containing two types of PFAS, PFOA and PFOS....more

Venable LLP

Guilt by Association: New Study Identifying Fluorinated Pharmaceuticals in Wastewater Uses “PFAS” to Heighten Alarm about American...

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PFAS are everywhere—even when they’re not.  A recent study published in Proceedings of the National Academy of Sciences is garnering significant media attention for suggesting that a crisis exists because of...more

Allen Matkins

From Waves to Wells Seawater Desalination and Coastal Groundwater Basins

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Traditional sources of freshwater are dwindling as a result of increased demand, reduced natural replenishment, volatile weather patterns, and extended-duration droughts. Desalination, the industrial-scale removal of salt...more

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

Lead and Copper Rule/Safe Drinking Water Act: American Water Works Association Petition Before the United States Court of Appeals...

The American Water Works Association (“AWWA”) filed on December 13th a document styled: Petition for Review of the Lead and Copper Rule Improvements (“LCRI”)....more

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

Sixth Unregulated Contaminant Monitoring Rule/Safe Drinking Water Act: Food and Water Watch Petition Seeking Inclusion of...

Food and Water Watch and dozens of other environmental organizations submitted a November 25th petition to the United States Environmental Protection Agency (“EPA”) requesting that microplastics be included in the Sixth...more

Allen Matkins

California Environmental Law & Policy Update 11.15.24

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One of the Bay Area’s largest reservoirs is about to get bigger thanks to a partnership between local water agencies and the federal government. The San Luis Reservoir Dam, between Los Banos and Gilroy, will be raised 10 feet...more

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

PVC Pipe Manufacturers/Antitrust: Erie County Water Authority Files Class Action Complaint Alleging Violations

The Erie County Water Authority (“Erie”) filed a Class Action Complaint in the United States District Court (Northern District of Illinois) against seven PVC pipe manufacturers alleging violations of certain federal antitrust...more

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

Interagency Water Workforce Working Group Report to Congress: U.S. Environmental Protection Agency Office of Water Report

The United States Environmental Protection Agency (“EPA”) Office of Water issued an August 2024 report tilted: Interagency Water Workforce Working Group Report to Congress (“Report”). ...more

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

Allen Matkins on

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

Hogan Lovells

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

Hogan Lovells on

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

Maron Marvel on

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

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