News & Analysis as of

Environmental Protection Agency (EPA) Water Supplies

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

McGlinchey Stafford

Cyberattacks Against U.S. Water Supplies on the Rise: EPA Urges Utilities to Fortify Defenses

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The increasing threat of cyberattacks against U.S. water supplies has raised significant concerns among federal officials, who emphatically stress the need for utilities to bolster their cybersecurity measures. A recent...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

McGuireWoods LLP

Steps for Companies to Maximize Potential Insurance Recovery After the EPA’s Recent PFAS Designation

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On April 19, 2024, the U.S. Environmental Protection Agency announced the designation of two per- and polyfluoroalkyl substances (PFAS)—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) and their salts and...more

Holland & Knight LLP

EPA Designates 2 PFAS Compounds as Hazardous Substances

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The U.S. Environmental Protection Agency (EPA) on April 19, 2024, announced its Final Rule designating two per- and polyfluoroalkyl substances (PFAS) compounds – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid...more

Lathrop GPM

EPA Officially Lists Key PFAS as “Hazardous Substances” Under Superfund

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On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive...more

McGuireWoods LLP

Contaminants Compass: April 2024 Edition

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“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS). This edition discusses the...more

Faegre Drinker Biddle & Reath LLP

New EPA Rule Mandates Worst Case Discharge Response Plans for Facilities Handling Hazardous Substances

On March 14, 2024, Environmental Protection Agency (EPA) Administrator Michael Regan signed a final rule requiring a broad swath of facilities to develop response plans (FRP) for a worst-case discharge of Clean Water Act...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

Lathrop GPM

EPA Finalizes First-Ever Federal Enforceable Drinking Water Standard for Certain PFAS

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On April 10, in a move that is almost certain to result in legal challenges from states, utilities, and other entities charged with its implementation, EPA released its much-anticipated Final Rule limiting concentrations of...more

Allen Matkins

California Environmental Law & Policy Update 4.05.24

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The U.S. Securities and Exchange Commission (SEC) has stayed new climate-related disclosure requirements pending judicial review, the agency said on Thursday, after criticism from across the political spectrum. The SEC’s...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

Fox Rothschild LLP

USEPA Seeks Public Comment on Proposed Information Request to POTWs

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USEPA announced today the intention, under Clean Water Act authority, to issue an information request to the largest publicly owned sewage treatment works (POTWs). USEPA seeks public comment on the proposal by May 28, 2024. ...more

BCLP

2023 Federal PFAS Regulatory Recap

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As expected, 2023 was an expansive year for the regulation of per- and polyfluoroalkyl substances (“PFAS”) at the federal level. The United States Environmental Protection Agency (“EPA”) took (or at least proposed)...more

Allen Matkins

California Environmental Law & Policy Update 1.19.24

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In a new study, researchers from NYU, Children’s Hospital of Philadelphia, and Defend Our Health have estimated the costs of plastic exposure on the U.S. healthcare system. In 2018, several common endocrine disruptors, a...more

Williams Mullen

Proposed Rule: Avoiding a Worst-Case Scenario for Worst-Case Discharges

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EPA is poised to issue a final rule (the Rule) requiring stringent planning requirements for facilities with the potential for a “worst-case discharge” that could reasonably be expected to cause substantial harm to the...more

Burns & Levinson LLP

Biden Administration Ramps Up to Get the Lead Out

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For decades, EPA has focused on reducing and ultimately eliminating lead from the nation’s drinking water.  The federal government’s initiatives can be traced back to the Safe Drinking Water Act originally passed in 1974 and...more

BCLP

PFAS Drinking Water Standards: State-by-state Regulations - Updated January 2024

BCLP on

In the absence of an enforceable federal drinking water standard for per- and polyfluoroalkyl substances (“PFAS”) – for the time being anyway - many states have regulated PFAS compounds in drinking water. The result is a...more

Nossaman LLP

EPA’s Final Clean Water Act 401 Rule, Reinstating 1971 Approach, Already Under Fire

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On September 27, 2023, the U.S. Environmental Protection Agency (EPA) published its final rule to implement Clean Water Act (CWA) section 401 water quality certifications (2023 Rule). The 2023 Rule became effective on...more

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

Cybersecurity Memorandum: Withdrawal of Document Challenged by Arkansas Attorney General Announced by U.S. Environmental...

The United States Environmental Protection Agency (“EPA”) issued a memorandum on October 11th titled: Withdrawal of Cybersecurity Memorandum of March 3, 2023 (“Withdrawal Memorandum”) The Withdrawal Memorandum was transmitted...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

Troutman Pepper

EPA Cybersecurity Rule Challenged by States and Water Systems Associations

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On July 25, Missouri, Arkansas, and Iowa (the states), along with intervenors American Water Works Association and National Rural Water Association (the water associations), petitioned the Eighth Circuit to review the U.S....more

Dickinson Wright

Michigan Court of Appeals Strikes State PFAS Drinking Water Standards

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On August 22, 2023, a split panel of the Michigan Court of Appeals held that the Department of Environment, Great Lakes, and Energy (EGLE) violated the Administrative Procedures Act (APA) by promulgating a new rule...more

Pillsbury - PFAS Observer

EPA Releases Preliminary Results of PFAS Sampling in Public Water Systems Under UCMR 5

On August 17, 2023, the U.S. Environmental Protection Agency (EPA) released preliminary results from the fifth Unregulated Contaminant Monitoring Rule (UCMR) under Section 1445(a)(2) of the Safe Drinking Water Act (SDWA). The...more

Mintz

PFAS Rulings in South Carolina & Michigan shine a light on the fact we have no idea what removing PFAS from our environment is...

Mintz on

This week Judge Gergel tentatively approved the $1.2 billion settlement between DuPont (and related companies) and water suppliers now dealing with the fact that EPA and many States have concluded that the most minute...more

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