News & Analysis as of

Public Utility Wastewater

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

95th Arkansas General Assembly/Wastewater/Sewer Retail Providers: Legislation Introduced to Provide Oversight

House Bill 1701 has been introduced that would add a Subchapter 1 to Arkansas Title 14, Chapter 239 titled: Oversight of Wastewater and Sewer Retail Providers. The Bill’s sponsors include: Representative Gonzales...more

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

Generic Prohibitions/NPDES Permits/Water Quality Standards: Public Wastewater/Stormwater agencies Amici Curiae Brief addressing...

Various municipalities and public wastewater and stormwater utilities have filed a joint Amici Curiae brief in the United States Supreme Court Case styled: City and County of San Francisco v EPA...more

McCarter & English, LLP

New Jersey FY 2025 – Department of Environmental Protection and Board of Public Utilities Budget Hearings

NJDEP is tasked with a multitude of responsibilities including overseeing statewide environmental governance through the divisions of Water Resource Management, Air Quality Energy and Materials Sustainability, Contaminated...more

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

Incident Response Guide/Water and Wastewater Sector: FBI/EPA/CISA Announce Release

Three federal agencies announced the joint production and release of a document titled: Incident Response Guide – Water and Wastewater Sector (January 2024) (“Guide”)...more

Allen Matkins

Renewable Energy Update 10.26.23

Allen Matkins on

New York State announced this week what it is calling the largest state investment in renewable energy with the conditional awards including three of the country’s largest proposed offshore wind farms as well as 22 land-based...more

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

Pretreatment Enforcement Discretion/Clean Water Act: Federal Court Addresses Massachusetts Water Utilities Motion to Dismiss

The United States District Court of Massachusetts (“Court”) addressed in a February 17th Memorandum and Order (“Memorandum”) an issue arising out of a Clean Water Act citizen suit action. See Conservation Law Foundation,...more

Cozen O'Connor

Regulating Troubled or Failing Monopolies: Ordering One Public Utility to Acquire Another

Cozen O'Connor on

One of the traditional reasons for government intervention in the marketplace is market failure. A classic example of a market failure is a natural monopoly such as a public utility. Most economists agree that government...more

Cozen O'Connor

The Saga Continues: Pennsylvania PUC Delays Action on Terminating the Moratorium on Utility Shut-offs

Cozen O'Connor on

In March 2020, the Pennsylvania Public Utility Commission (PUC) issued an emergency order that prohibits Pennsylvania electric, natural gas, water, wastewater, telecommunications, and steam utilities from terminating...more

Steptoe & Johnson PLLC

Municipal Wastewater Utilities and COVID-19: Being Proactive During a Pandemic

Steptoe & Johnson PLLC on

While the threat of contamination through exposure to wastewater is unlikely, there are additional steps municipal wastewater utilities can implement to not only protect its personnel and the users it serves, but to also...more

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

Water Utility of the Future Today Award: Fayetteville, Arkansas Water Resource Recovery Facility Named as One of 43 Recipients

The national organization WateReuse (“WateReuse) issued a July 30th news release stating that 43 water utilities from around the United States have received the Utility of the Future Today award (“Award")....more

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

Environmental Issues Impacting Arkansas/Missouri Municipal Utilities: SEMO-NEARK Annual Meeting Presentation

I undertook a presentation at the May 9th SEMO-NEARK annual meeting in Norfork, Arkansas, titled: Environmental Issues Impacting Arkansas/Missouri Municipal Utilities (“Presentation”) The Presentation focused on a...more

Hogan Lovells

Water Snippets

Hogan Lovells on

EIB extends €82m loan to Lesotho Lowlands Water Development Project - The European Investment Bank (EIB) has signed an €82 million, or 1.3 billion Lesotho Maloti, loan for the Lesotho Lowlands Water Development Project...more

Cozen O'Connor

Pennsylvania’s New Law for Valuing Acquired Municipal/Authority Water and Wastewater Systems

Cozen O'Connor on

On Thursday, April 14, 2016, Pennsylvania Governor Tom Wolf signed Act 12 of 2016 (Act 12) into law. Among other things, Act 12 revises Chapter 13 of the Pennsylvania Public Utility Code (the Code) to provide a framework for...more

McNees Wallace & Nurick LLC

Public Utility Companies Look to Gobble up Municipal Systems through Private Sales

Large privately held, publicly regulated utility companies with a focus on rapid growth and expansion throughout the Commonwealth have a new target - municipally owned water and wastewater systems. Pennsylvania legislation...more

Best Best & Krieger LLP

City's Revenue Transfer From its Wastewater Utility to its General Fund Is Justified

California Appellate Court Holds that Transfer Did Not Violate Proposition 218 - In a challenge to the transfer of revenues from a city’s wastewater utility to its general fund, a California Appellate Court held Tuesday...more

Jackson Walker

Current Water Utility CCN Decertification Issues At The Public Utility Commission Of Texas

Jackson Walker on

The responsibility for the regulation of water and sewer service, including the oversight of certificates of public convenience and necessity (“CCNs”), was recently transferred from the Texas Commission on Environmental...more

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