Edwin and Kristin Roeder (collectively, “Roeders”) filed a July 22nd Complaint against the City of Mammoth Springs, Arkansas in the Circuit Court of Fulton County, Arkansas pursuing a damage claim. The Complaint alleges...more
The United States Environmental Protection Agency (“EPA”) has public noticed draft guidance (“ Draft Guidance”) to: . . . to clarify and inform future National Pollutant Discharge Elimination (“NPDES”) permitting actions...more
Not often is a policy initiative good for both the environment and business. Sewer expansion is one of those initiatives. The development of sewer systems in Suffolk County would not only reduce health-harming nitrogen levels...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
With the frequency of wildfires and flooding, landslides are becoming more frequent throughout California. When public agencies have water pipelines located in hillsides, the situation presents the classic “chicken or egg”...more
On October 31, 2022, in the case of Stelmach Project Management Ltd. v. City of Kingston, the Ontario Court of Appeal held that the City of Kingston may rely on the Municipal Act to enact by-laws imposing fees based on the...more
The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) in a September 14th Opinion addressed a dispute between the City of Fort Smith (“Fort Smith”) and the United States Environmental Protection Agency...more
The California Legislature has enacted Senate Bill No. 222 (“SB 222”) which is described as the first state-wide water and sewer rate assistance program in the United States. SB 222 would establish: Water...more
Earlier this year, Miami-Dade County Mayor Daniella Levine Cava launched Connect 2 Protect, a multi-year initiative which aims to convert over 100,000 properties from septic systems to the County’s sewer system. This roughly...more
The Arkansas Department of Energy & Environment - Division of Environmental Quality ("DEQ") and the City of Booneville, Arkansas, ("Booneville") entered into a March 8th Consent Administrative Order ("CAO") addressing alleged...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the City of Danville (“Danville”) entered into a December 13th Consent Administrative Order (“CAO”) addressing alleged violations...more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Arkansas City, Arkansas (“Arkansas City”), entered into an October 4th Consent Administrative Order (“CAO”) addressing alleged...more
The National Association of Clean Water Agencies (“NACWA”) and other members of the organization filed an amicus brief (“Brief”) in the United States Court of Appeals for the Ninth Circuit in relation to an issue arising out...more
The United States Environmental Protection Agency (“EPA”) and the City of Liberty, Missouri, (“Liberty”) entered into a July 12th Expedited Settlement Agreement (“ESA”) addressing an alleged Clean Water Act (“CWA”) violation....more
A recent and alarming statistic shared by the Suffolk County Department of Health Services indicates that more than 80% of nitrogen found in Long Island’s surface waters is attributable to sewage....more
Since arriving in the United States the Coronavirus pandemic has taken a devastating toll on nearly every aspect of our economy. Industries such as construction have faced new hardships and challenges with workplace safety,...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of Salesville, Arkansas, (“Salesville”) entered into an April 22nd Consent Administrative Order (“CAO”) addressing...more
This week, Legislators considered a number of bills and Gov. Roy Cooper presented his state budget recommendations. State Budget - Gov. Cooper released his general fund budget recommendations for the next two fiscal...more
The United States Department of Justice (“DOJ”) issued a January 14th news release stating that Robert J. Massey of Brighton, Michigan pleaded guilty before a United States District Court in the Eastern District of Michigan...more
The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in a December 1st Order the City and County of San Francisco’s (collectively “San Francisco”) pleading titled: ...more
The United States Army Corps of Engineers (Corps) has completed its rule-making and released a pre-publication version of its final rule reissuing and modifying 12 existing nationwide permits (NWPs) and issuing four new NWPs....more
West Virginia Supreme Court Upholds Water Backup Exclusion - The Supreme Court of Appeals of West Virginia recently found an exclusion for loss or damage caused by “water that backs up or overflows from a sewer, drain, or...more
The COVID-19 pandemic has elevated fiscal concerns of water and sewer service providers, with many states imposing a moratorium on the collection of delinquent bills and the termination of service. The affordability of water...more
The Conservation Law Foundation and other environmental organizations (collectively “CLF”) filed a brief of Amici Curiae in support of New Hampshire Department of Environmental Services (“DES”) rules that establish maximum...more
In Priore v. Haig, AC 41748, the Appellate Court concluded that statements made by one of the plaintiff’s neighbors during a zoning commission hearing on the plaintiff’s application for a special permit to install a sewer...more