News & Analysis as of

Environmental Protection Agency (EPA) Department of Natural Resources

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

Iowa Landfill Material Analysis: Iowa Department of Natural Resources Issues 2024 Report

The Iowa Department of Natural Resources (“IDNR”) has issued a June 2024 Report titled: 2022 Iowa Landfill Material Analysis (“Report”). The Report was prepared by SCS Engineers....more

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

Lead and Copper Rule Revisions/Service Line Inventory: Arkansas Department of Health Reminder Addressing Deadline/Availability of...

The Arkansas Department of Health Engineering Section publication, Arkansas Drinking Water Update (“Update”) (Volume 38, No. 2), published an article titled: Lead and Copper Rule Service Line Inventories (“Article”)....more

ArentFox Schiff

Illinois Passes Comprehensive Law Governing Carbon Capture, Utilization and Sequestration Projects in Illinois

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On May 26, the Illinois legislature passed comprehensive carbon capture, utilization, and sequestration (CCUS) legislation. CCUS involves the capture of carbon dioxide directly from ambient air or uses processes to separate...more

Mayer Brown

State of Louisiana Granted Primacy Over Class VI Wells

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Executive Summary - The State of Louisiana recently achieved a significant milestone in the regulation of the carbon capture and sequestration (CCS) industry by obtaining primary enforcement authority (primacy) over Class...more

Bracewell LLP

EPA’s Proposal to Grant Class VI Primacy to Louisiana – Availability of Application Documents

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On May 4, 2023, the US Environmental Protection Agency (EPA) published its proposal to approve revision of Louisiana’s Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) program to add Class VI injection well...more

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

Wastewater Enforcement: U.S. Environmental Protection Agency and City of Dixon, Missouri, Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and City of Dixon, Missouri, entered into a January 23rd Complaint and Consent Agreement/Final Order (“CA”). See Docket No. CWA-07-2022-0117. The CA provides that...more

Fox Rothschild LLP

Update: A New Expected Timeline for Implementation of Delaware’s PFOA and PFOS Maximum Contaminant Levels

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We previously reported an expected timeline for promulgation of Delaware’s maximum contaminant levels (MCLs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) that was generally in line with the...more

Fox Rothschild LLP

An Expected Timeline of Delaware’s Maximum Contaminant Levels for PFOA and PFOS

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As explained in a previous post, Delaware’s Division of Public Health (the “Division”) and Department of Natural Resources and Environmental Control (DNREC) have been tasked with establishing maximum contaminant levels (MCLs)...more

Wiley Rein LLP

The Return of the Supplemental Environmental Project

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On Thursday, May 5, 2022, the Department of Justice (DOJ) in coordination with the Environmental Protection Agency (EPA) issued a “Comprehensive Environmental Justice Enforcement Strategy” which, most notably, restored the...more

Bricker Graydon LLP

Governor DeWine signs legislation for Ohio to seek primacy over class VI injection wells for carbon sequestration

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On April 21, 2022, Governor DeWine signed into law House Bill 175. House Bill 175 includes a provision requiring the Ohio Department of Natural Resources to begin the process of seeking primacy over Class VI injection wells...more

Foley & Lardner LLP

It’s Complicated: The Evolving Regulation of “Forever Chemicals” in Wisconsin

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For the past several years, the Wisconsin Department of Natural Resources (“WDNR”) has engaged in a multi-media effort to regulate the class of chemicals commonly referred to as “forever chemicals” in waters and soils in the...more

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

Contamination/Asset Purchase Agreement: Federal Appellate Court Interprets Indemnification Provision

The United States Court of Appeals for the Seventh Circuit (“Court”) addressed in a March 31st Opinion the indemnification provision of an Asset Purchase Agreement (“APA”) involving contamination that was identified...more

Vinson & Elkins LLP

Navigating The Transition: Key Environmental Enforcement Issues To Watch In The Biden Administration

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While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more

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

Draft Missouri 2020 Section 303(d) Impaired Waters List/Clean Water Act: Missouri Department of Natural Resources November 15th...

The Missouri Department of Natural Resources (“MDNR”) issued its Draft Missouri 2020 Section 303(d) Impaired Water List. MDNR states that it has included the prioritization of waters for the Total Maximum Daily Load...more

Bricker Graydon LLP

H2Ohio water quality plan unveiled

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On November 14, 2019, Ohio Governor Mike DeWine unveiled his long-awaited H2Ohio Water Quality Plan, a program aimed at reducing phosphorus runoff and harmful algal blooms, improving water infrastructure (including tackling...more

Shumaker, Loop & Kendrick, LLP

Environmental Update - November 2019 (Issue 8)

ANNOUNCEMENTS - Air - Stakeholder Input Requested on Potential New Rules - Affordable Clean Energy (ACE) Program Rules: Ohio EPA is requesting stakeholder input on potential new rules in the Ohio Administrative Code...more

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

Clean Water Act Revolving Loan Fund/Safe Drinking Water Act Fund: Arkansas Natural Resources Commission Public Notices FY 2020...

The Arkansas Natural Resources Commission (“ANRC”) has public noticed its proposed FY 2020 Intended Use Plans (“IUP”) for: Clean Water Revolving Loan Fund (“CWRLF”) Safe Drinking Water Act Fund (“SDWF”) ...more

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

Missouri Lakes Numeric Nutrient Criteria: Ozarks Water Watch Article Notes U.S. Environmental Protection Agency Approval

The January 21st edition of the publication Ozarks Water Watch noted that the United States Environmental Protection Agency (“EPA”) in a December 14, 2018, letter approved Clean Water Act Numeric Nutrient Criteria for...more

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