News & Analysis as of

Safe Drinking Water Act

Wrap-Up of Federal and State Chemical Regulatory Developments, November 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Extends Comment Period For Draft Guidance For Pesticide Registrants On Notifications, Non-notifications, And Minor Formulation Amendments: On October 5, 2017, the U.S. Environmental Protection Agency (EPA)...more

Sixth Circuit Holds Safe Drinking Water Act Does Not Preempt Constitutional Claims

by Beveridge & Diamond PC on

The Sixth Circuit revived previously dismissed claims in the Flint water cases, clarifying where the Safe Drinking Water Act (SDWA) does not preempt § 1983 claims. Boler v. Earley, No. 16-1684 (6th Cir. July 28, 2017)....more

EPA Releases Quick Guide for Registering Disinfectant Products for Drinking Water Use

by Bergeson & Campbell, P.C. on

On October 17, 2017, the U.S. Environmental Protection Agency (EPA) issued a “Quick Guide for Disinfectant Products for Drinking Water Use by Public Water Systems” (Quick Guide) which it states was developed “in response to...more

Arkansas Department of Health Engineering Section: Website Redesign

The Arkansas Department of Health (“DOH”) discussed in Volume 30 (No. 3) of the Fall 2017 edition of the publication Arkansas Drinking Water Update the redesign of its webpage. An article authored by Jeff Stone noted that...more

Does an Anti-Duplication Provision Bar a Resource Conservation and Recovery Act Action Against a City System Supplying Water?:...

A United States District Court (Eastern District of California) in a September 1st Order addressed a motion to dismiss a Resource Conservation and Recovery Act (“RCRA”) action brought by a non-profit organization against a...more

Proposition 65 Warning Required for Furfuryl Alcohol as of September 30, 2017

by Downey Brand LLP on

On and after September 30, 2017, a Proposition 65 warning is required for products containing furfuryl alcohol (CAS No. 98-00-0). California’s Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of...more

Temporarily Tapped Out: More Time to Consider California's Clean Water Funding Bill

by Lewitt Hackman on

How deep does the clean water issue go in California? Let’s first take a look at some fairly recent and comprehensive findings: There was good news and bad news regarding the cleanliness of California’s drinking water,...more

WARNING! Prop 65 regulations are a year away in California. Is Your Product’s Warning Label Compliant?

by Wilson Elser on

After many years of debate, consideration and public input, California’s new regulations go into effect on August 30, 2018, under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 - commonly known as Prop 65....more

U.S. Environmental Protection Agency Assistant Administrator Office of Water: Trump Administration Nominates David Ross

The United States Environmental Protection Agency (“EPA”) announced in a September 2nd news release the nomination of David Ross to serve as Assistant Administrator for the Office of Water....more

County Ordinance Preempted by State’s Comprehensive and Complex Permit Program

In the case of EQT Production Company v. Wender, et al., on August 30, the U.S. Court of Appeals for the Fourth Circuit affirmed, in a 2-1 ruling, the lower court’s decision that a West Virginia county’s ordinance effectively...more

U.S. EPA Office of Inspector General Project Notification: Public Notification of Drinking Water Quality

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued an August 18th Project Notification stating that it is planning to begin preliminary research on the public notification of...more

Is That Regulation Affordable? If It’s Under the Safe Drinking Water Act, It Better Be

by Alston & Bird on

You open your mailbox. There’s your monthly water bill. Inside, you notice it’s gone up nearly $500—but your use hasn’t changed. How could this be? And maybe more important, can you afford it? This is an essential...more

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

by Tonkon Torp LLP on

Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more

"Toxic" Tort Food Litigation: The Truth Behind the Headline

by Bryan Cave on

Chicago Partners Susan Brice and Thor Ketzback, along with San Francisco Associates Merrit Jones and Thomas Lee, presented on "Toxic" Tort Food Litigation: The Truth Behind the Headline, May 4, via a live presentation in our...more

North Dakota’s UIC Class VI Primacy Wait is Almost Over

by Stoel Rives LLP on

The U.S. Environmental Protection Agency (EPA) is poised to approve North Dakota’s application for primary enforcement authority over the underground injection of CO2 for geologic sequestration in that state. Nearly four...more

Superior Court Invalidates Hexavalent Chromium Drinking Water Standard

Earlier this month, Judge Christopher E. Krueger of the Sacramento Superior Court issued an order invalidating the Maximum Contaminant Level (MCL) for hexavalent chromium. The California Department of Public Health (“DPH”)...more

Sacramento Superior Court Finds Chromium 6 Water Standard Not Economically Feasible

by Stoel Rives LLP on

On May 5, 2017, the Sacramento Superior Court issued a decision that the state’s water regulation, when it comes to the hexavalent chromium, also known as Chromium 6 (or Chrom-6) water standard, is not economically feasible...more

California to Require Domestic Water Suppliers to Test School Drinking Water for Lead

by Best Best & Krieger LLP on

The State Water Resources Control Board recently adopted an amendment to all Domestic Water Supply Permits it issues to public water systems that supply drinking water. The amendment requires domestic water suppliers for...more

Climate Change Hits EPA: 30 Pending Regulations Frozen

by K&L Gates LLP on

In accordance with direction from the Trump administration, the U.S. Environmental Protection Agency (“EPA”) has published a final rulemaking delaying the effective date of 30 pending regulations until at least March 21,...more

Oil & Gas Law Alert: California Department of Conservation Issues Discussion Draft Rules for Oil Field Wastewater Injection

by Stoel Rives LLP on

On January 21, 2017 the California Department of Conservation, Division of Oil, Gas and Geothermal Resources (“DOGGR”) issued a Notice of Pre-rulemaking Public Comment Period for the development of updates to the regulations...more

80% of Oil and Gas Injection Wells under EPA Review Will Not be Shut-In on February 15 - Update

by Stoel Rives LLP on

As an update to our prior blog post, on January 17, 2017, the California Division of Oil, Gas and Geothermal Resources (“DOGGR”) released a letter sent to notify the U.S. Environmental Protection Agency (“EPA”) of...more

80% of Oil and Gas Injection Wells under EPA Review Will Not be Shut-In on February 15

by Stoel Rives LLP on

As an update to our prior blog post, on January 17, 2017, the California Division of Oil, Gas and Geothermal Resources (“DOGGR”) released a letter sent to notify the U.S. Environmental Protection Agency (“EPA”) of...more

Pierce Atwood Environmental Regulatory Compliance Calendar

by Pierce Atwood LLP on

NEW REGULATORY DEVELOPMENTS - Federal - - Program Requirement Revisions Related to the Public Water System Supervision Programs for Massachusetts, Rhode Island, and Vermont - EPA is giving notice that...more

Prop 65 Update: The Rules They Are a Changin'

by Lewitt Hackman on

Proposition 65, known as the Safe Drinking Water and Toxic Enforcement Act of 1986, among other things requires businesses employing ten or more people to warn consumers if the business’ products contain a chemical...more

2016 Water Legislation Reaches New Areas & Sets the Stage for President-Elect Trump

In enacting the “Water Infrastructure Improvements for the Nation Act,” Congress expanded the traditional role of Water Resource Development Acts. Where past legislation focused solely on water and navigation projects to be...more

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