Previously, we discussed the Biden-Harris Administration’s emphasis on cybersecurity in the water utility sector. This month, the Administration continued that trend by issuing a final memorandum interpreting the regulatory requirements pertaining to public water system (PWS) sanitary surveys to require that states evaluate operational technology for cybersecurity when conducting the periodic sanitary surveys. A fact … Continue Reading
With high-profile cybersecurity attacks in 2021 such as those at Colonial Pipeline and JBS Foods, there is no doubt that cybersecurity is of utmost importance to our nation, and cybersecurity for our water sector is no exception. The potential ramifications of a cyber attack on the water industry are disconcerting—in one 2021 attack, hackers accessed … Continue Reading
As the United States continues experiencing nationwide supply chain issues, it comes as little surprise that these problems are also impacting the availability of drinking water and wastewater treatment chemicals. Public water systems (PWSs) and publicly owned treatment works (POTWs) have reported shortages of gaseous chlorine as well as other critical chemicals and supplies. US … Continue Reading
Control of nutrient loadings to US surface waters has widely proven to be a difficult task, and nutrient levels in many of our waterways continue to fail in satisfying the stated goals of the Clean Water Act. In 2015, the State of Montana established stringent water quality standards for nutrients. Recognizing the economic and social … Continue Reading
On September 20, 2019, Maui County Council (Council) voted to settle the County’s pending appeal before the US Supreme Court of the Ninth Circuit’s decision in County of Maui v. Hawai‘i Wildlife Fund, et al. As previously reported here, the Ninth Circuit’s ruling held that the eventual migration of pollutants from permitted underground injection wells … Continue Reading
In June of 2018, the California State Water Resources Control Board (State Water Board) Division of Drinking Water (DDW) provided recommendations for PFOA and PFOS notification levels. On July 13, 2018, the State Water Board released guidelines based on DDW’s recommendations for testing and reporting on two PFAS compounds—PFOA and PFOS. The interim notification level for … Continue Reading
Earlier this month, the US Supreme Court scheduled oral argument for November 6th in its review of the Ninth Circuit’s decision in County of Maui v. Hawai‘i Wildlife Fund, et al. The case has significant implications for the scope of the Clean Water Act (CWA), with the Ninth Circuit having ruled that the eventual migration … Continue Reading
On February 14, 2019, the US Army Corps of Engineers and US EPA (Agencies) published in the Federal Register the proposed rule to revise the definition of “Waters of the United States,” the term that identifies the scope of federal jurisdiction under the Clean Water Act. The proposed rule is the second step in a two-part process … Continue Reading
Ohio has reversed course on its prior decision not to include the open waters of Lake Erie in its 2016 impaired waters listing following an April 11 ruling by Judge James G. Carr of the U.S. District Court for the Northern District of Ohio. The decision criticized the maneuvering of US EPA and Ohio EPA … Continue Reading
Nutrient pollution has become a growing concern in the State of Ohio and elsewhere along the Great Lakes. In the summer of 2014, large algae blooms in Lake Erie generated toxins that contaminated the City of Toledo’s drinking water. In response, the City instructed 400,000 people not to drink or cook with tap water, prompting … Continue Reading
Local governments have a new forum on Capitol Hill focusing on the many challenges and opportunities they face: the Intergovernmental Affairs Subcommittee in the US House of Representatives. The new Subcommittee was created in January at the start of the new Congress and is led by Chairman Gary J. Palmer (AL-6) and Ranking Member Val … Continue Reading
On February 28, the D.C. Circuit in Center for Regulatory Reasonableness v. US EPA dismissed a challenge to statements made by the US EPA regarding two wastewater treatment techniques – blending and the use of mixing zones. US EPA previously prohibited these techniques in specified circumstances, and in 2013, the Eighth Circuit vacated these prohibitions in Iowa League … Continue Reading
Oral argument in the Center for Regulatory Reasonableness (CRR) v. EPA, Case No. 14-1150 (D.C. Cir.) matter has been set for October 21, 2016. At issue is the March 25, 2013 decision of the Eighth Circuit in Iowa League of Cities v. EPA, Case No. 11-3412, which vacated US EPA’s across-the-board prohibitions on the use … Continue Reading
On June 9, 2016, Governor John Kasich signed House Bill (HB) 512, a multifaceted law that the Governor has said “puts Ohio in front” and makes Ohio “the leader in the country” in dealing with the problem of lead contamination in drinking water. After the crisis in Flint, Michigan sparked a national inquiry and events in … Continue Reading
The Des Moines Water Works (DMWW) recently filed suit against several Iowa drainage districts for discharging excess nitrate pollution through groundwater in subsurface agricultural drainage systems into the Raccoon River, which DMWW relies upon to provide drinking water for approximately 500,000 Iowans. As previously reported here, the lawsuit seeks to hold these drainage districts liable … Continue Reading
The UK’s Upper Tribunal (“UT“) has ruled in Fish Legal v Information Commission and others that privatised water utility companies in England and Wales are considered to be “public authorities” for the purpose of the Environmental Information Regulations (2004) (“EIR“) due to their “special powers” above those of private law. The judgement means that water … Continue Reading
The Des Moines Water Works (DMWW) recently issued a notice of intent (NOI) to sue three County Board of Supervisors that oversee several drainage districts reportedly responsible for excessive nitrate pollution being discharged from groundwater in subsurface agricultural drainage systems into the Raccoon and Des Moines Rivers. Recent sampling efforts by DMWW have indicated nitrate … Continue Reading
A. Gregory Grimsal has been appointed by the US Supreme Court as the Special Master in State of Texas v. State of New Mexico et al., Case No. 220141 ORG. Special Master Grimsal, a commercial litigation attorney from New Orleans, Louisiana, will now manage the proceedings in the case going forward and eventually recommend a decision to the Court. … Continue Reading
The US Court of Appeals for the Third Circuit has set oral argument for November 18, 2014 in American Farm Bureau Federation, et al. v. US EPA, an appeal of a September 13, 2013 district court decision upholding US EPA’s December 2010 total maximum daily load (TMDL) limits for the Chesapeake Bay. As we previously … Continue Reading
For a state that has 840 miles of sweet Pacific Ocean coastline, it might seem ironic that California is hurting for water. But years of drought and unregulated groundwater use have devastated groundwater aquifers, forcing the California legislature to finally step in with what some farmers in California’s Central Valley are calling “draconian” regulation. The … Continue Reading
Ohio Governor Kasich’s recently-introduced Mid-Biennium Budget Review Environment bill (HB 490) would revise R.C. § 6111.99 to significantly increase criminal penalties for violations of Ohio’s water pollution laws. Under current Ohio law, certain criminal violations of Ohio’s water pollution laws, such as water pollution acts, falsification of data, or criminal violations of orders, rules or permits … Continue Reading
In response to the 8th Circuit’s decision in Iowa League of Cities v. EPA, US EPA held an “Experts Forum on Public Health Impacts of Wet Weather Blending” on June 19 -20, 2014. The purpose was to enlist the expertise of public health officials to “ensure that EPA has appropriate health-based information associated with different engineering options available to … Continue Reading
Earlier this month, 21 states and a group of 8 counties filed amicus briefs with the US Court of Appeals for the Third Circuit supporting the American Farm Bureau Federation (AFBF) and other agricultural groups challenging USEPA’s December 2010 total maximum daily load (TMDL) for the Chesapeake Bay. At issue is the September 13, 2013 opinion of … Continue Reading
As a follow up to our previous report, the Office of Management and Budget (OMB) has extended the public comment period on the Obama Administration’s November 2013 technical support document (TSD) on the social cost of carbon (SCC) by 30 days to February 26, 2014. The extension came in response to requests by industry for more time … Continue Reading
