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Nossaman LLP

New California Legislation on Water Issues

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The 2024 legislative session ended on August 31, meaning the legislature passed all bills for this year. All of the bills are currently with Governor Newsom. He has until September 30 to sign or veto any bills. Any bills not...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

Oliva Gibbs LLP

Water Ya Gonna Do When the EPA Comes for You?

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The U.S. Environmental Protection Agency (“EPA”) recently announced that it will be taking a hard look at the Texas Railroad Commission’s (“RRC”) enforcement of injection well regulatory practices (or the lack thereof).  The...more

Nossaman LLP

California Direct Potable Reuse Regulations Approved

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On August 6, 2024, the Office of Administrative Law (OAL) approved the direct potable reuse (DPR) regulations that were previously adopted by the State Water Resources Control Board (State Water Board) on December 19, 2023....more

Nutter McClennen & Fish LLP

Environment & Energy Insights (June 2024)

Welcome to June’s Environment & Energy Insights Newsletter. This month we are covering: - Legal challenges to natural gas infrastructure bans, including a possible suit in Massachusetts - Possible climate/energy bill...more

Nossaman LLP

EPA Action on “Forever Chemicals”

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Per- and polyfluoroalkyl substances (PFAS) are at the top of every environmental regulator’s list in 2024 and already this year the United States Environmental Protection Agency (EPA) has taken key steps toward regulating...more

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA § 401 Rule

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At its May 23, 2024 open meeting, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to establish a one-year “reasonable period of time” for certifying authorities to...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

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA 401 Rule

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At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more

Downey Brand LLP

Ninth Circuit Hands Major Victory to Senior Water Right Holders on the Sacramento River

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On May 23, 2024, the Ninth Circuit Court of Appeals issued a published opinion in Natural Resources Defense Council et al. v. Debra Haaland et al. (Case No. 21-15163) (“NRDC v. Haaland”) rejecting the plaintiffs’ challenges...more

Nossaman LLP

California Water Views - 2024 Outlook

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Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more

Jenner & Block

Federal and State Efforts to Address Synthetic Microfiber Pollution from Textiles

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Microplastics, plastics less than 5 millimeters in length, are becoming a growing concern due to their ubiquity and persistence in the environment and potential effects on ecological and human health. A 2017 publication by...more

Farella Braun + Martel LLP

Fifteen California Cities and Water Districts File a Lawsuit on the Heels of EPA’s Announcement of MCLs for PFAS in Drinking Water

Two days after EPA announced Maximum Contaminant Levels (MCLs) for six PFAS in drinking water, 15 California cities and water districts filed a lawsuit seeking injunctive relief and damages, based in part on the requirements...more

Jones Day

EPA Issues the First-Ever National Drinking Water Standard for PFAS

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On April 10, 2024, the U.S. Environmental Protection Agency ("EPA") announced its highly anticipated final National Drinking Water Regulation ("NPDWR") for six per-and polyfluoroalkyl substances ("PFAS"), which establishes...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 4.12.24

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Powerful pumps that supply much of California’s population with water have killed several thousand threatened and endangered fish this year, prompting environmental groups to demand that state and federal agencies take...more

Troutman Pepper

How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

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Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the...more

Downey Brand LLP

USEPA Requires Monitoring and Treatment to Limit and Reduce PFAS in Drinking Water

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Today, the U.S. Environmental Protection Agency (USEPA) announced the final National Primary Drinking Water Regulation establishing the first national legally enforceable drinking water standards (Maximum Contaminant Levels...more

Nossaman LLP

California Focuses on Water Supply Resiliency in Updated Water Plan

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On April 2, 2024, the California Department of Water Resources (DWR) released the California Water Plan Update 2023 (CWP 2023 Update). DWR’s press release dubs the plan “A Roadmap to Water Management and Infrastructure for a...more

Akin Gump Strauss Hauer & Feld LLP

Geneva Insights - April 2024

The World Trade Organization (WTO) Committee of Participants on the Expansion of Trade in Information Technology Products (ITA Committee) meets on April 11. The committee holds regular meetings twice a year to review...more

Stinson LLP

EPA Publishes Clean Water Act "Worst-Case" Spill Rule

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On March 28, the U.S. Environmental Protection Agency (EPA) published its Final Rule: Clean Water Act Hazardous Substance Facility Response Plans (Final Rule) requiring facilities that handle hazardous substances to create...more

Downey Brand LLP

Sacramento County Superior Court Rules in Favor of the State Water Board’s Substitute Environmental Document for Phase I of the...

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Introduction - On March 15, 2024, the Sacramento County Superior Court found that the State Water Board’s substitute environmental document did not violate the Porter-Cologne Act, the California Environmental Quality Act...more

Verrill

MassDEP Proposes Updates to Stormwater Management Standards

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In addition to amending the Wetlands Protection Regulations to add performance standards for the Land Subject to Coastal Storm Flowage wetland resource area, MassDEP wants to update the Massachusetts Stormwater Management...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

Brownstein Hyatt Farber Schreck

Tenth Circuit Weighs In on Maui’s “Functional Equivalent” Test

The Tenth Circuit became the second federal appellate court—after the Ninth Circuit—to analyze how federal district courts should evaluate whether a discharge of pollutants to groundwater is the “functional equivalent” of a...more

Hogan Lovells

Update: EU Industrial Emissions Directive Revision: Final compromise agreed

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On December 15, 2023, the Permanent Representatives Committee gave its final approval to the compromise text of the revised Industrial Emissions Directive (“IED”). As of now, the political compromise is provisional, pending...more

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