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Water Quality Water

Nossaman LLP

California Direct Potable Reuse Regulations Approved

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On August 6, 2024, the Office of Administrative Law (OAL) approved the direct potable reuse (DPR) regulations that were previously adopted by the State Water Resources Control Board (State Water Board) on December 19, 2023....more

K&L Gates LLP

FERC Seeks to Update Clean Water Act 401 Certification Procedures for Hydropower Projects—What You Need to Know

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In recent years, a consistent issue facing hydroelectric project developers at the Federal Energy Regulatory Commission (FERC or Commission) has been the length of time it takes states to act on requests for water quality...more

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA § 401 Rule

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At its May 23, 2024 open meeting, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to establish a one-year “reasonable period of time” for certifying authorities to...more

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA 401 Rule

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At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more

Beveridge & Diamond PC

EPA Expands Role of Tribal Rights in Setting Water Quality Standards

Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) issued its final Water Quality Standards Revision Rule, which expressly mandated that states, Tribes, and EPA consider Tribal treaty rights to...more

Nossaman LLP

California Water Views - 2024 Outlook

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Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more

Downey Brand LLP

USEPA Requires Monitoring and Treatment to Limit and Reduce PFAS in Drinking Water

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Today, the U.S. Environmental Protection Agency (USEPA) announced the final National Primary Drinking Water Regulation establishing the first national legally enforceable drinking water standards (Maximum Contaminant Levels...more

Downey Brand LLP

Sacramento County Superior Court Rules in Favor of the State Water Board’s Substitute Environmental Document for Phase I of the...

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Introduction - On March 15, 2024, the Sacramento County Superior Court found that the State Water Board’s substitute environmental document did not violate the Porter-Cologne Act, the California Environmental Quality Act...more

Nossaman LLP

EPA’s Final Clean Water Act 401 Rule, Reinstating 1971 Approach, Already Under Fire

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On September 27, 2023, the U.S. Environmental Protection Agency (EPA) published its final rule to implement Clean Water Act (CWA) section 401 water quality certifications (2023 Rule). The 2023 Rule became effective on...more

Hogan Lovells

Publica CONAGUA Proyecto de NOM para Regular Pozos de Extracción de Agua

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La Comisión Nacional del Agua (la “CONAGUA”) publicó un Proyecto de nueva Norma Oficial Mexicana, a fin de aumentar la eficacia en la prevención de la contaminación de los acuíferos y conservar la calidad y cantidad del agua....more

Downey Brand LLP

USEPA’s New Clean Water Act Section 401 Water Quality Certification Rule Becomes Effective November 27, 2023

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On September 27, 2023, the United States Environmental Protection Agency (USEPA) published its final 2023 Clean Water Act (“CWA”) Section 401 Water Quality Certification Improvement Rule (2023 Rule), which goes into effect on...more

Williams Mullen

EPA Expands Conditions for 401 Water Quality Certifications

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The Clean Water Act (CWA) section 401 Water Quality Certification (401 WQC) is a big deal. The certification is required for all direct discharge permits and CWA section 404 Permits to dredge or fill waters of the United...more

Verrill

The Basics of Stormwater Permitting in Massachusetts

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After a summer of historic rainfall and flooding in Massachusetts, stormwater is on our minds. Stormwater is a major source of water pollution in the Commonwealth, and it is crucial that owners and operators of commercial and...more

Downey Brand LLP

Supreme Court Denies Review of California Appeals Court Ruling that State Water Board’s Duty to Prevent Waste and Unreasonable Use...

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On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more

Verrill

Work Together or Fend for Yourself: New Rules Aim to Reduce Nitrogen from Cape Cod’s Septic Systems and Watersheds

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New rules issued by MassDEP offer Cape Codders a choice for controlling nitrogen pollution. The problem is well-understood. When too much discharged nitrogen reaches coastal waters, excess plant and algae growth replaces...more

Womble Bond Dickinson

New N.C. Regulatory Proposal Puts Burden of PFAS Clean-Up Costs on Polluters, Not Ratepayers

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PFAS contamination in drinking water is under increasing regulatory scrutiny, not only from the EPA and other federal agencies, but state regulatory bodies across the country. The latest development comes from North Carolina,...more

Snell & Wilmer

Breaking News:  Phoenix AMA Has Abundant Groundwater and Will Still Have Abundant Groundwater in 100 Years

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On June 1, 2023, Arizona Governor Katie Hobbs revealed the results of a new groundwater model prepared by the Arizona Department of Water Resources (“ADWR”) that predicts the future availability of groundwater for pumping...more

Snell & Wilmer

The Rise of Reclaimed Water:  Reuse of Water in Arizona, Already Important, is Primed to Grow Alongside Increasing Scarcity of...

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It seems that not a day goes by without another news story bringing Arizona to the forefront of a national dialogue about water security in a time of drought, changing climate, and growing population. This article is Part 6...more

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

Recreational Water Quality Criteria/Clean Water Act: U.S. Environmental Protection Agency Releases Second Five-Year Report

The United States Environmental Protection Agency (“EPA”) issued a May 2023 document titled: Report on the Second Five-Year Review of EPA’s Recreational Water Quality Criteria (“Report”) EPA states that the Report constitutes...more

Troutman Pepper

Another EPA Proposal to Overhaul the Water Quality Standards Program

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EPA has proposed to establish “baseline” water quality standards that would apply to all Indian reservation waters where the tribe has not received “treatment as a state” (TAS) authority, the state does not have authority,...more

Saul Ewing LLP

Comment Period Open for EPA Settlement to Oversee and Enforce Pennsylvania's Clean Water Obligations

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The U.S. Environmental Protection Agency (“EPA”) recently announced a proposed settlement in two lawsuits filed in 2020 by Maryland, Virginia, Delaware, the District of Columbia, the Chesapeake Bay Foundation, and a number of...more

American Conference Institute (ACI)

[Event] Cumulative Effects Assessment and Environmental Management - April 18th - 19th, Calgary, AB, Canada

Hosted by The Canadian Institute, the 11th National Symposium on Cumulative Effects Assessment and Environmental Management returns for another exciting year with curated programming that focuses on providing you with...more

Beveridge & Diamond PC

Tribal Treaty Rights Take Center Stage in Two Landmark Federal Water Quality Actions

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Key Takeaways - • What Happened? The U.S. Environmental Protection Agency (EPA) is seeking to increase the protection of tribal treaty rights through water quality standards. First, EPA issued a final rule re-establishing...more

Brownstein Hyatt Farber Schreck

Colorado Adopts Direct Potable Reuse Rules

On Nov. 14, 2022, the Colorado Water Quality Control Commission (WQCC) adopted new regulations to authorize and guide water suppliers in implementing Direct Potable Reuse (DPR). DPR is the process of directly connecting fully...more

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

Impaired Waters/TMDLs: U.S. Environmental Protection Agency Releases 2022-2032 Division for the Clean Water Act Section 303(d)...

The United States Environmental Protection Agency (“EPA”) released a September 15th memorandum titled: 2022-2032 Vision for the Clean Water Act Section 303(d) Program (“Memorandum”)...more

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