News & Analysis as of

Groundwater Environmental Protection Agency (EPA) Wastewater

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

Current/Long-Term U.S. Environmental Protection Agency Clean Water Act Related Rulemakings: Association of Clean Water...

The Association of Clean Water Administrators (“ACWA”) published in its current newsletter a link to described as follows: ACWA rules chart updated to reflect current and long term relevant EPA clean water related actions....more

Verrill

Better Communication Among Regulators and the Regulated Can Improve Outcomes for Wastewater Permittees

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As our understanding of the environment and anthropogenic impact grows, protection efforts increasingly spawn regulation. Media coverage of perceived harms to health and the environment and well-funded advocacy by...more

Burns & Levinson LLP

PFAS – Promising Developments

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We have probably already read (and written) too much about the challenges of dealing with “forever chemicals” in drinking water and wastewater treatment.  However, recent developments hold some hope for addressing forever...more

Verrill

No Water, No Beer

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The American Water Works Association’s “Value of Water” social media campaign, including its No Water No Beer slogan, provides a stark wake-up call about the dire importance of conserving and protecting our precious water...more

Burns & Levinson LLP

The Cape and Beyond: Alternative Project Procurements for Massachusetts Communities

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Those of us who had the good fortune to vacation on Cape Cod as children in the 1960s or 1970s remember a fabulous vacation escape with miles of pristine beaches, cozy cottages, souvenirs, and wonderful food. Many who...more

(ACOEL) | American College of Environmental...

Tack Into The Wind

BEFORE THE SUPREME COURT OF THE ENVIRONMENT - DeMo Crate, LLC, Plaintiff, vs. Republic Canning Co., Defendant. JKDNG:02292022 RULING ON APPEAL - Justice Toldyu delivered the opinion of the Court, in which...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

Robinson & Cole LLP

Catching Up on the 2021 Clean Water Act Releases

Robinson & Cole LLP on

The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left...more

Robinson+Cole Environmental Law +

EPA Expands PFAS Testing Methods: Soil, Wastewater, and Groundwater

September 2, 2021, the Environmental Protection Agency (EPA), in collaboration with the Department of Defense (DOD), released the first EPA-validated laboratory analytical method to test for per- and polyfluoroalkyl...more

Bracewell LLP

EPA Draft Guidance Memorandum on the Application of County of Maui

Bracewell LLP on

On December 8, 2020, the U.S. Environmental Protection Agency (“EPA”) released a draft guidance memorandum (“Draft Guidance”) to provide guidance to the regulated community and permitting authorities, including the EPA, on...more

Allen Matkins

California Environmental Law & Policy Update - September 2020

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Contaminated groundwater plume in north Orange County placed on federal Superfund list - Orange County Register – September 1 - A five-square-mile plume of contaminated groundwater in north Orange County has been...more

Allen Matkins

California Environmental Law & Policy Update - February 2020

Allen Matkins on

Governor Newsom proposes new plan for San Joaquin River Delta - Governor Gavin Newsom revealed a novel approach Tuesday to managing the San Joaquin River Delta that would keep more water in the fragile delta while restoring...more

Holland & Knight LLP

More Requirements and More Uncertainty - New York PFAS Update

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By way of background, in 2016 the New York State Department of Environmental Conservation (NYSDEC) listed two long-chain per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS—as hazardous substances. However, NYSDEC did...more

Akin Gump Strauss Hauer & Feld LLP

Dipping Its Toe in the Groundwater? Supreme Court Eyes Expedited Review for Clean Water Act Case

On December 3, 2018, the Supreme Court of the United States issued an order requesting the Solicitor General to weigh in on a case related to the legal status of some types of groundwater. The catch? The Court’s order comes...more

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

Oil/Natural Gas Wastewater, Recycling and Reuse: U.S. Environmental Protection Agency and New Mexico Announce Release of Draft...

The United States Environmental Protection Agency (“EPA”) announced in a November 9th news release the release of a draft white paper (“Paper”) which addresses New Mexico and federal regulatory management of produced water. ...more

Best Best & Krieger LLP

[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?

A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through...more

Sheppard Mullin Richter & Hampton LLP

After 9th Circuit Ruling in Hawai‘i Wildlife Fund v. County of Maui, EPA Considers ‘Clarifying’ Clean Water Act Coverage for...

A recent Ninth Circuit ruling that pollutants reaching waters of the United States through groundwater may trigger Clean Water Act liability has prompted the U.S. EPA to consider clarifying its position on the subject. The...more

Holland & Knight LLP

EPA Seeks Comment on ‘‘Discharges of Pollutants’’ via a Direct Hydrologic Connection to Surface Water

Holland & Knight LLP on

On Feb. 20, 2018, the U.S. Environmental Protection Agency (EPA) published a Request for Comment in the Federal Register seeking comments on a broad range of topics related to the question of whether the Clean Water Act (CWA)...more

Akin Gump Strauss Hauer & Feld LLP

EPA Publishes Notice Requesting Public Comment on Whether to Regulate Discharges to Groundwater Under the CWA

On February 20, 2018, the Environmental Protection Agency (EPA) published a notice in the Federal Register requesting public comment on whether the EPA can regulate discharges to groundwater that flow to jurisdictional...more

Farella Braun + Martel LLP

Ninth Circuit Ruling Expands Clean Water Act Jurisdiction Over Groundwater Discharges

A recent ruling by the Ninth Circuit Court of Appeals, which covers California, Oregon and several other western states, potentially extends Clean Water Act (CWA) jurisdiction to require permits for point source discharges...more

Brownstein Hyatt Farber Schreck

Ninth Circuit Holds Wastewater Discharge to Groundwater Requires Clean Water Act Permit in Hawai’i Wildlife Fund v. County of Maui

On Feb. 1, 2018, the U.S. Court of Appeals for the Ninth Circuit issued a highly anticipated decision in Hawai’i Wildlife Fund v. County of Maui, No. 15-17447 (9th Cir. Feb. 1, 2018). At issue was whether the County of Maui...more

Allen Matkins

California Environmental Law and Policy Update - August 2017 #2

Allen Matkins on

Environmental and Policy Focus - New California law gives air quality officials power to quickly shut down industrial operations - Los Angeles Times - Aug 7 - Governor Jerry Brown on Monday signed legislation,...more

Allen Matkins

California Environmental Law & Policy Update - June 2017 #2

Allen Matkins on

Environmental and Policy Focus - California, six other states challenge EPA over farm pesticide - San Francisco Chronicle - Jun 9 - Attorneys General of California and six other states, in an administrative...more

Snell & Wilmer

New Mexico Files RCRA Notice of Intent to Sue EPA

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On January 14th, the State of New Mexico provided the legally required notice under the Federal Resource Conservation and Recovery Act (RCRA) to sue the United States Environmental Protection Agency (EPA), the State of...more

King & Spalding

EPA Seeks Comment on National Enforcement Initiatives

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On September 15, 2015, EPA solicited public comment on its upcoming cycle of National Enforcement Initiatives (NEI) for fiscal years (FY) 2017-2019. EPA is proposing to adopt three new enforcement initiatives and is...more

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