News & Analysis as of

Rulemaking Process Water Quality

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

Agricultural Nutrient Pollution/State of New York Supreme Court (County of Albany) Addresses Whether Department of Health Can...

The State of New York Supreme Court/County of Albany (“Court”) addressed in a May 6th Order whether the New York State Department of Health (“DOH”) has the authority to issue Watershed Rules and Regulations (“Rules”) to...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Update: Regulatory Notes – April 2025

April has proven a busy month for environmental issues when it comes to the regulatory arena. Below are just a few of the notable developments:...more

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

Applying Mussels Absent Ammonia Criteria: Missouri Department of Natural Resources Public Notices Draft Procedure

The Missouri Department of Natural Resources (“MDNR”) is holding on April 10th a Water Quality Standards (“WQS”) Workgroup meeting to consider (among other things): Draft Procedure for applying mussels absent ammonia...more

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

Water Quality Standards/Arkansas Pollution Control and Ecology Rule 2: Arkansas Department of Energy and Environment - Division of...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) published a public notice on December 9th stating that the Arkansas Pollution Control and Ecology Commission (“APC&EC”) initiated...more

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

2024 Final Recommended Aquatic Life Criteria Benchmarks for Select PFAS: U.S. Environmental Protection Agency Rulemaking

The United States Environmental Protection Agency (“EPA”) published a final national recommended aquatic life criteria for PFOA in freshwater. PFOA belongs to the per-and polyfluorinated substances (“PFAS”) chemicals...more

Harris Beach Murtha PLLC

EPA Designates Two PFAS Substances as CERCLA Hazardous Substances

On April 19, 2024, just nine days after finalizing the first-ever national, legally enforceable drinking water standard for six individual per-and polyfluoroalkyl substances (PFAS), the Agency designated PFOA and PFOS, two...more

Williams Mullen

North Carolina’s Wetlands Saga is Over (for now)

Williams Mullen on

As a result of the North Carolina Farm Act of 2023 (Session Law 2023-63), North Carolina’s Department of Environmental Quality (NCDEQ or the Department) may now only regulate wetlands that are subject to federal Clean Water...more

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

Washington Department of Ecology Water Quality Permit Writer's Manual Revision: Supreme Court of Washington Addresses Challenge...

The Supreme Court of the State of Washington (“SCT”) addressed in a December 8th Opinion a judicial challenge to a revision of the Washington Department of Ecology’s (“WDE”) Water Quality Program Permit Writer’s Manual...more

Downey Brand LLP

EPA outlines key PFAS regulatory developments on the horizon

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During the early stages of the Biden administration, efforts to regulate per- and poly-fluoroalkyl substances, aka “PFAS,” were largely piecemeal and driven by various proposals in Congress. Last month, however, the U.S....more

Bricker Graydon LLP

H2Ohio water quality plan unveiled

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On November 14, 2019, Ohio Governor Mike DeWine unveiled his long-awaited H2Ohio Water Quality Plan, a program aimed at reducing phosphorus runoff and harmful algal blooms, improving water infrastructure (including tackling...more

Shumaker, Loop & Kendrick, LLP

Environmental Update - November 2019 (Issue 8)

ANNOUNCEMENTS - Air - Stakeholder Input Requested on Potential New Rules - Affordable Clean Energy (ACE) Program Rules: Ohio EPA is requesting stakeholder input on potential new rules in the Ohio Administrative Code...more

Shumaker, Loop & Kendrick, LLP

Environmental Update - October 2019 (Issue 7)

OHIO EPA RULEMAKINGS AND ANNOUNCEMENTS - Air - Stakeholder Input Requested on Rules – OAC Chapter 3745-21, Carbon Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related Materials Standards: Ohio EPA...more

Shumaker, Loop & Kendrick, LLP

Environmental Update - August 2019 (Issue 5)

Ohio EPA Rulemakings And Announcements - Water - Drinking and Groundwater Division of Drinking and Ground Waters (DDAGW) Proposed Rulemaking Regarding Public Water Systems: DDAGW seeks comments on its proposed rulemaking...more

Holland & Knight LLP

Michigan Workgroup Issues Health-Based Drinking Water Value Recommendations for PFAS in Next Step Toward Establishing Enforceable...

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On June 27, 2019, the Michigan Science Advisory Workgroup (the Workgroup) issued its Health-Based Drinking Water Value Recommendations for PFAS in Michigan. In late March 2019, Gov. Gretchen Whitmer announced the formation of...more

Stoel Rives LLP

The State of Washington Sues EPA to Challenge EPA’s Approval of Washington’s Own Human Health Criteria

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On June 6, the State of Washington sued EPA in federal court to stop EPA from approving Washington’s own water quality standards.  This is the latest installment in a multiyear battle over whether Washington’s water quality...more

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

PFAS/Drinking Water Standards: New Hampshire Department of Environmental Services Initiates Rulemaking

The New Hampshire Department of Environmental Services (“NHDES”) initiated a rulemaking to establish Maximum Contaminate Levels (“MCLs”) and ambient groundwater quality standards (“AGQS”) for four per-and polyfluoroalkyl...more

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

Wastewater Blending: U.S. Environmental Protection Agency Announces Initiation of Rulemaking

The United States Environmental Protection Agency (“EPA”) recently announced that it is initiating a rulemaking process addressing the use of “blending” by wastewater treatment plants. EPA states it will be “reaching out...more

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