News & Analysis as of

Environmental Protection Agency (EPA) Water Supplies Drinking Water

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

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

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

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

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

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

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

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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

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

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

Goldberg Segalla

EPA Brings Down The Hammer On PFAS: Proposed Drinking Water Regulations Push The Limit

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Earlier this week, the U.S. Environmental Protection Agency issued a Notice of Proposed Rulemaking titled, PFAS National Primary Drinking Water Regulation Rulemaking. ...more

Goldberg Segalla

‘Cyber-Waterfare’: the EPA Moves to Protect Key Infrastructure from Hackers

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In 2021, an unidentified person hacked the computer controlling the water system in Oldsmar, Fla., and increased the concentration of sodium hydroxide 100 times the normal amount, in an attempt to poison people.  That same...more

Allen Matkins

California Environmental Law & Policy Update - 2.17.23 #3

Allen Matkins on

Facing an onslaught of criticism that water was “wasted” during January storms, Governor Gavin Newsom on Monday issued an executive order authorizing the State Water Resources Control Board (SWRCB) to “consider modifying”...more

Maron Marvel

A Quick Update About AFFF

Maron Marvel on

Aqueous film-forming foam (“AFFF”) is a hot topic in per- and polyfluorinated Substances (“PFAS”) litigation. AFFF is used to fight gasoline, oil, and jet fuel fires by producing an aqueous film that spreads across a fire’s...more

Miles & Stockbridge P.C.

U.S. EPA Takes 3 Big Steps to Tighten Controls on PFAS Chemicals

In the past few months, the U.S. Environmental Protection Agency (U.S. EPA) has done three significant things to tighten controls on per- and polyfluoroalkyl substances (PFAS)....more

Nossaman LLP

House Passes Nearly $38 Billion in Funding for Water Projects as Part of National Defense Authorization Act

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On December 6, 2022, the U.S. House of Representatives passed the National Defense Authorization Act (NDAA) by a bipartisan vote of 350-80. The NDAA includes the Water Resources Development Act (WRDA) of 2022, which includes...more

Allen Matkins

California Environmental Law & Policy Update - July 2022

Allen Matkins on

Supreme Court restricts EPA's authority to mandate carbon emissions reductions - Associated Press - June 30 - In a blow to the fight against climate change, the Supreme Court on Thursday limited the extent of the U.S....more

BCLP

State-by-State Regulation of 1,4-Dioxane in Drinking Water

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As illustrated by the May 11, 2022, press release for the Industrial Excess Landfill Superfund Site in Uniontown, Ohio, the U.S. Environmental Protection Agency (“EPA”) and state environmental agencies have begun directing...more

Locke Lord LLP

EPA Sets Stricter Health Advisory Limits ‎for PFAS – a ‎Harbinger of ‎More Regulation?‎

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On June 15, 2022, the U.S. Environmental Protection Agency (EPA) dramatically lowered its lifetime health advisories levels (HALs)[1] for two per- and polyfuoroalkyl substances (PFAS). EPA previously established a combined...more

Brownstein Hyatt Farber Schreck

Health Advisories and Funding for Forever Chemicals: PFAS Updates from the EPA

Today, the Environmental Protection Agency (EPA) released four health advisories for the group of contaminants regularly referred to as “forever chemicals”—perfluoroalkyl and polyfluoroalkyl substances (PFAS). Specifically,...more

Goldberg Segalla

Long Island Water Districts Settle Claims Arising from Alleged 1,4-Dioxane Contamination

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You may have read about the slew of lawsuits filed over the past few years by Long Island water districts seeking to recover damages arising from alleged contamination of drinking water supplies by 1,4-dioxane...more

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