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Environmental Permitting for AI Data Centers: Federal Acceleration, Federal Lands, and State Resistance

By Alex Arensberg, Carolyn L. McIntosh and Phil Sandick on Posted in Air Quality, Climate Change & Sustainability, Energy & Utilities, Mining & Natural Resources, NEPA, Rulemaking & Policy Development, Water Quality
The environmental permitting landscape for data centers is shifting rapidly, with federal and state regulators often pulling in opposite directions. The Trump Administration has moved to accelerate federal environmental review and to open federal lands for data center siting. States and localities have responded by tightening scrutiny of the energy, water, and land use impacts … Continue Reading

UK Parliamentary Committee Publishes Report on PFAS Risks

By Francesca Puttock on Posted in Chemicals & Products, Climate Change & Sustainability, Environmental, Environmental Due Diligence, Food Safety, Food-Contact Materials and Articles, Health & Safety, Supply Chain, Water Quality
It has been a couple of months since the UK PFAS Plan was published and made countless headlines. Today (23 April 2026), having gathered evidence as part of a parliamentary inquiry, the House of Commons’ Environmental Audit Committee (“EAC“) published a report titled ‘Addressing the risks from Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)‘. The report summarises … Continue Reading

‘A New Vision for Water’ – Defra’s White Paper and Other January 2026 Developments

By Caroline Almond, Francesca Puttock, Cristina Vela Gonzalez and Jody Li on Posted in Environmental, Uncategorized, Water Quality, Water Rights & Resource Management
It has been a busy start to the new year for water law and policy with various developments published in the last couple of weeks. Following the release in December 2025 of the Environmental Improvement Plan (EIP), which lists a number of commitments on water, Defra published a long awaited Water White Paper this week … Continue Reading

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

By Squire Patton Boggs on Posted in Rulemaking & Policy Development, Water Quality
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

By Carolyn L. McIntosh, Rees Alexander and Charli Davis on Posted in Clean Water Act, Environmental, Waters of the United States
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

By Katherine Wenner on Posted in Clean Water Act, Environmental, Municipal Utilities
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

By Francesca Puttock on Posted in Climate Change & Sustainability, Environmental, Environmental Protection, Uncategorized, Water Quality
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

By Squire Patton Boggs on Posted in Environmental, Health & Safety, Rulemaking & Policy Development, Water Quality
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:… Continue Reading

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

By Jennifer Satterfield on Posted in Clean Water Act, Water Quality
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

By Katherine Wenner on Posted in Environmental, Municipal Utilities, Water Quality
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

By Katherine Wenner on Posted in Municipal Utilities, Water Quality
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

By Squire Patton Boggs on Posted in Environmental Protection, Health & Safety, Water Quality
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

By Rob Elvin on Posted in Energy & Utilities, Environmental Litigation, Environmental Protection, Water Quality
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

By Squire Patton Boggs on Posted in Air Quality, Chemicals & Products, Climate Change & Sustainability, Environmental Litigation, Product Safety, Rulemaking & Policy Development, Water Quality
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

By Squire Patton Boggs on Posted in Air Quality, Chemicals & Products, Climate Change & Sustainability, Energy & Utilities, Environmental Protection, Rulemaking & Policy Development, Solid & Hazardous Waste, Water Quality
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

By Squire Patton Boggs on Posted in Air Quality, Chemicals & Products, Climate Change & Sustainability, Energy & Utilities, Environmental Protection, Health & Safety, Water Quality
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

By Squire Patton Boggs on Posted in Clean Water Act, Environmental Litigation, Environmental Protection, Water Quality, Waters of the United States
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

By Squire Patton Boggs on Posted in Clean Water Act, Rulemaking & Policy Development, Water Quality, Waters of the United States
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

By John Lazzaretti on Posted in Administrative Procedures Act, Clean Water Act, Environmental Protection, Rulemaking & Policy Development, Water Quality
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

By Erik Lange on Posted in Clean Water Act, Environmental Litigation, Municipal Utilities, Rulemaking & Policy Development, Water Quality
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

By Squire Patton Boggs on Posted in Chemicals & Products, Environmental Protection, Water Quality
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

By Squire Patton Boggs on Posted in Clean Water Act, Environmental Litigation, Municipal Utilities, Rulemaking & Policy Development, Water Quality
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

By Squire Patton Boggs on Posted in Chemicals & Products, Energy & Utilities, Environmental Protection, Municipal Utilities, Rulemaking & Policy Development, Water Quality
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

By Erik Lange on Posted in Clean Water Act, Rulemaking & Policy Development
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
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