The Capacity Crunch, Part Two: Public Utilities, Resource Planning & Deployment, and the IRA - Energy Law Insights
Nota Bene Podcast Episode 133: What’s Driving the Shift Toward Renewable Energy? with Paul Kaufman and Ben Huffman
On-Demand Webinar | Eminent Domain in 2020: A Year in Review
The Court of Appeals of Tennessee (“Court”) addressed in an April 22nd Opinion an issue arising out of the right to provide water services in a particular area. See MILCROFTON UTILITY DISTRICT OF WILLIAMSON COUNTY, TENNESSEE...more
When water agencies provide water to customers, and that water causes damage to customer property, can water agencies face inverse condemnation liability? For quite some time, inverse condemnation liability appeared to be...more
The United States Environmental Protection Agency (“EPA”) has announced the issuance of a December 17, 2024 report titled: Water Affordability Needs Assessment: Report to Congress (“Report”)....more
The landscape for water rate setting in California is quickly evolving, and public agencies face growing challenges adjusting to new and complex standards when establishing or increasing water fees and charges. For example,...more
The Association of Clean Water Administrators (“ACWA”) announced the issuance of a document titled: Effective Utility Management – A Primer for Water Sector Utilities (“Primer”). ...more
On July 8, 2024, the California Supreme Court issued its opinion in Golden State Water Company v. Public Utilities Commission. The petitioners, California Water Association, California-American Water Company, California Water...more
The American Water Works Association (“AWWA”) has released its annual report titled: State of the Water Industry (2024). (“Report”). The stated purpose of the Report is to provide insights into the challenges and...more
Three Arkansas cities and two public water authorities filed a June 11th Complaint for Temporary and Permanent Injunction and for Declaratory Judgment (“Complaint”) against the City of Booneville, Arkansas objecting to a...more
On April 10, 2024, the U.S. Environmental Protection Agency (“EPA”) announced a National Primary Drinking Water Regulation (the “Regulation”) which established legally enforceable levels called Maximum Contaminant Levels...more
Three federal agencies announced the joint production and release of a document titled: Incident Response Guide – Water and Wastewater Sector (January 2024) (“Guide”)...more
C.I.C. Arms, Inc. (“CIC”) filed on October 11th a Complaint in the Desha County, Arkansas, Circuit Court against the City of McGehee (“City”) and McGehee Water and Sewer System (“MWSS”) challenging the rate that is charged...more
The Attorney General for the District of Columbia (“AG”) and Potomac Electric Power Company (“Pepco”) entered into a First Amendment to Consent Decree (“Amended Decree”) addressing alleged releases of hazardous substances....more
EPA Aims to Mitigate Risk of Cyberattack on Public Water Systems On March 3, 2023, the U.S. Environmental Protection Agency (EPA) issued its Memorandum Addressing Public Water System (PWS) Cybersecurity in Sanitary Surveys or...more
The Colorado Water Conservation Board (CWCB) recently released a draft updated Colorado Water Plan to be finalized in early 2023 (Draft Plan). The Draft Plan continues to project a water supply gap resulting from hotter and...more
The Environmental Protection Agency (EPA) has announced two public meetings via webinar to cover a comprehensive overview of its most recent Unregulated Contaminant Monitoring Rule ("UCMR"), UCMR 5. The two meetings will be...more
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
The American Water Works Association (“AWWA”) undertook a survey of member utilities and other sector organizations to gauge the impacts of COVID-19 on the water sector. AWWA states the survey was conducted online and...more
California Governor Restricts Water Supply Discontinuation for Non-Payment - In response to growing health and economic concerns during the COVID-19 pandemic, California Gov. Gavin Newsom issued an Executive Order that...more
On December 4, 2019, the Borough of Phoenixville, Chester County (“Borough”) closed on the sale of a portion of its water system to Aqua Pennsylvania, Inc. (“Aqua”) for $3.46 million. Importantly, the Borough will retain...more
The United States Environmental Protection Agency (“EPA”) circulated a prepublication version of its proposed revisions to the Lead and Copper Rule (“LCR”). The LCR revisions are proposed pursuant to the authority of the...more
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
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
Investors in the water industry in the UK are well advised to consider if their shareholding structure affords them appropriate investment treaty protection and access to investment arbitration in the event of possible...more
Join Nossaman LLP on February 28, 2019 for the first presentation in Nossaman’s 2019 Water Webinar Series, "Preparedness, Relief, and Recovery: Regulatory Developments in Disaster Management for Water Providers." This...more
As discussed in previous posts (see direct links below), Iowa’s new Water Excise Tax (WET) took effect on July 1, 2018. Since that time, the Iowa Department of Revenue (IDOR) has released two sets of proposed revised rules....more