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US Environmental Protection Agency (EPA) Announces Final Vessel Incidental Discharge Rule

As evidenced by the Department of Justice’s recent announcement of a US$2 million criminal fine assessed against the owners of the tanker P/S Dream as part of a guilty plea, violations of federal environmental laws governing vessel discharge can carry significant consequences. Stakeholders should take note that the EPA recently announced the final Vessel Incidental … Continue Reading

US Supreme Court Narrows the Definition of “Waters of the United States” with Respect to Wetlands for Purposes of Federal Jurisdiction under the Clean Water Act

On May 25, 2023, the US Supreme Court, in Sackett v. Environmental Protection Agency, ___ US_ (2023) (“Sackett”) held that “waters of the United States” for purposes of federal jurisdiction under the Clean Water Act (“CWA”) refer “only to geographical features that are described in ordinary parlance as “streams, oceans, rivers and lakes’ and to … Continue Reading

Reviewing US EPA’s New Cybersecurity Evaluation Requirements in Sanitary Surveys Conducted at Public Water Systems

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

UK Government Proposes 1,000 Fold Increase in Fines for Water Companies

The number of pollution incidents allegedly perpetrated by water companies in the UK has risen sharply in the last few years. On 3 October 2022, the UK Government shared proposals to raise the maximum cap on civil penalties for pollution incidents to unprecedented levels – from £250,000 up to £250 million per violation. If retained … Continue Reading

US EPA Announces Drinking Water Health Advisories for Certain PFAS Chemicals

On June 15, 2022, US EPA issued its prepublication notice announcing final drinking water health advisories for PFBS and GenX, as well as interim drinking water health advisories for PFOA and PFOS.1 In this publication, we discuss US EPA’s recent announcement and consider how it could impact industries moving forward: Drinking Water Advisory Levels for … Continue Reading

Biden EPA Backtracks on Trump-Era Water Policy – Will the New Stance Lead to Efficiency or Add to Administrative Backlog?

US EPA recently issued two memoranda announcing a more flexible timeline for its review of state and tribal water quality standards (WQS), replacing a Trump-Era policy that set defined deadlines for these reviews.  On February 4, 2022, US EPA Assistant Administrator Radhika Fox issued a memorandum entitled “Rescission of Memorandum Titled: ‘Policy for the EPA’s Review … Continue Reading

The Trend Toward Heightened Cybersecurity for the US Water Utility Sector

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

US Safe Drinking Water Act Section 1441: A Tool to Combat Supply Chain Issues for Public Water Systems and POTWs

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

December 2021 Update: frESH Law Horizons: Key Developments in UK and EU Environment Safety and Health Law Procedure and Policy

Our Environmental, Safety & Health team is pleased to share with you the latest edition of our monthly newsletter, frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure; providing bite-size updates on EU and UK law, procedure and policy. The updates covered in this month’s edition include (among … Continue Reading

Record £90 Million Fine for a “Flagrant Disregard” of UK Environmental Law Calls for Boards of Directors to Take Note

On 19 August, the sentencing remarks of Mr Justice Johnson were published in relation to the recent £90 million fine issued to Southern Water for sewage pollution.  The remarks provide a full breakdown and description of how this record fine was calculated, and provide comments and conclusions on a number of issues that are likely … Continue Reading

March 2021 Update: frESH Law Horizons: Key Developments in UK and EU Environment Safety and Health Law Procedure and Policy

Our Environmental, Safety & Health team is pleased to share with you the latest edition of our monthly newsletter, frESH Law Horizons: Key Developments in UK & EU Environment, Safety and Health Law and Procedure; providing bite-size updates on EU and UK law, procedure and policy. This month’s edition includes the following: The Home Office … Continue Reading

2021 Women in Energy & Environment Webinar Series

In January, our four-part 2021 Women in Energy & Environment Webinar Series reached an industry-leading, global audience of more than 450 professionals. The series covered the following key and emerging issues facing the global regulated community today: Embedding Environmental, Social and Corporate Governance Into the New Normal – Returning From the Pandemic Key Regulatory Issues in … Continue Reading

September Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In our September edition, we summarise 40 developments in the environmental, safety and health sector. Some of the top stories this month include:… Continue Reading

US Supreme Court Adopts “Functional Equivalent” Standard for Discharges of Pollutants to Surface Water Through Groundwater

Recently, in a 6-3 decision in County of Maui v. Hawaii Wildlife Fund (Maui), the United States Supreme Court held that a discharge of pollution to groundwater may be regulated under the Clean Water Act (CWA).  The Supreme Court’s review arose from a case involving a wastewater treatment and reclamation facility in Hawaii that injects … Continue Reading

US EPA and the Corps Finally Publish Their Definition of “Waters of the United States” Narrowing the Scope of Federal Jurisdiction Under the Clean Water Act

On April 21, 2020, the United States Environmental Protection Agency (US EPA) and the United States Army Corps of Engineers (Corps) published, in the Federal Register, their final rule (2020 Rule) revising the definition of “waters of the United States” and narrowing the scope of waters subject to federal regulation under the Clean Water Act. … Continue Reading

US EPA Offers Advice to NPDES Permittees on Documenting COVID-Related Noncompliance While Environmental Groups Seek More Stringent Reporting Requirements

On March 26, 2020, US EPA issued a temporary policy regarding enforcement of routine monitoring, recordkeeping, and reporting violations caused by the COVID-19 pandemic.  As discussed in an earlier blog post, US EPA’s temporary policy sets out the Agency’s overall policy to exercise of enforcement discretion during the COVID-19 pandemic and generally not seek penalties … Continue Reading

Ninth Circuit to Review Montana’s Nutrient Variance Approach: What You Need To Know

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

California Holds Technical PFAS Seminar to Inform Public of State of Science and Possible Future Drinking Water Regulations

Last month, the California State Water Resources Control Board (State Board) hosted a comprehensive two-day seminar on per- and polyflouroaklyl substances (PFAS) in California. PFAS are a family of an estimated 4,000-6,300 chemical compounds that have a variety of applications due to their stability in the environment.  Although some reports suggest that these chemicals are … Continue Reading

Potential Settlement Creates Uncertainty for US Supreme Court Case Regarding Clean Water Act Liability for Indirect Groundwater Discharges

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

Groundwater Contaminant Regulation in California: State Water Board Lowers Notification Levels and Announces First Step Towards Developing an MCL for Certain Compounds

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

Report Recommends Changes to US EPA’s General Permit for Industrial Stormwater Discharges Ahead of Reissuance

Stormwater permitting requirements for many industrial facilities are set forth in US EPA’s Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP) or state permits based on the MSGP.  US EPA last issued the permit in 2015, which expires on June 4, 2020.  While the current Administration does not appear to be predisposed … Continue Reading

August Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”.  In our August edition, we summarise 29 developments in the environmental, safety and health sector.  Some of the top stories this month include: Court of Appeal dismisses … Continue Reading

US EPA Proposes Rule Narrowing States’ Ability to Block Pipeline Projects

On August 7, 2019, US EPA Administrator Andrew Wheeler signed the Agency’s newest proposal to amend the Clean Water Act (CWA) to streamline permitting of energy projects. Specifically, the proposed rule would amend the regulations concerning Section 401 of the CWA. It represents US EPA’s first comprehensive effort to promulgate federal rules governing the implementation … Continue Reading

US Supreme Court Schedules Oral Argument Regarding Clean Water Act Liability for Indirect Groundwater Discharges

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
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