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
7/19/2023
/ Contamination ,
Department of Environmental Quality ,
Drinking Water ,
Environmental Liability ,
Governor Cooper ,
PFAS ,
Proposed Legislation ,
Public Health ,
Remediation ,
State Budgets ,
Water ,
Water Quality
On August 26, the EPA published a proposed rule that would designate PFOS and PFOA chemicals as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act...more
Last week, we informed you about new federal efforts to measure and reduce PFAS contamination levels in drinking water. But there also are significant efforts to increase PFAS regulatory requirements at the state level,...more
The Biden Administration has made PFAS reduction a cornerstone of its environmental policy and with that goal in mind, the Environmental Protection Agency on June 15 announced new, lower lifetime Health Advisory Levels for...more
7/8/2022
/ Biden Administration ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Grants ,
Infrastructure Investment and Jobs Act (IIJA) ,
PFAS ,
Public Health ,
Toxic Chemicals ,
Wastewater ,
Water Quality
North Carolina Governor Roy Cooper just announced that Dionne Delli-Gatti will be the new Secretary of the North Carolina Department of Environmental Quality. Delli-Gatti will replace Michael Regan, who is President Biden’s...more
As companies begin to reopen from the COVID-19 shutdown, workplace safety is at the forefront of everyone’s mind. While risks can never be completely eliminated, the good news is that there are a number of steps companies can...more
In a decision which seems likely to inject yet more uncertainty into whether the introduction of pollutants to surface waters via groundwater triggers the permitting requirements of the Clean Water Act (“CWA”), a majority of...more
4/28/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
On February 6, 2018, the EPA formally suspended the Obama-era “Waters of the U.S.” (WOTUS) rule until 2020. This delayed implementation will provide the Trump administration with additional time to issue a clearer, and...more
9/23/2019
/ Clean Water Act ,
Clean Water Rule ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Jurisdiction ,
Navigable Waters ,
Proposed Regulation ,
Regulatory Oversight ,
Trump Administration ,
Water Pollution ,
Waters of the United States ,
Wetlands
Current or past sources of emerging contaminants should be aware that the North Carolina Department of Environmental Quality has ordered that publicly owned treatment plants (POTWs) in the Cape Fear River Basin test their...more
EPA has released its Draft Interim Recommendations for Addressing Groundwater Contaminated with Perfluorooctanoic acid (PFOA) and Perfluorooctane sulfonate (PFOS) for public review and comment as part of the Agency’s PFAS...more
5/6/2019
/ CERCLA ,
Comment Period ,
Draft Guidance ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Interim Guidance ,
Public Comment ,
RCRA ,
Site Remediation ,
Toxic Chemicals
The U.S. Supreme Court recently decided to take up review of a circuit court conflict regarding the jurisdictional reach of the Clean Water Act (“CWA”). On February 19, 2019, the Court partially granted a petition for writ of...more
On February 14, 2019, the U.S. Environmental Protection Agency (EPA) released its PFAS Action Plan. The Plan identifies immediate and long term actions EPA will take regarding per- and polyfluoroalkyl substances (PFAS)....more
The US Supreme Court may be poised to review two 2018 decisions in the Fourth and Ninth Circuits, both of which applied the so-called ‘hydrological connection” theory to extend jurisdiction of the Clean Water Act (“CWA”) to...more
1/7/2019
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Jurisdiction ,
Navigable Waters ,
Point Sources ,
Split of Authority ,
Statutory Authority ,
Water ,
Waters of the United States
In late September, representatives of USEPA, NIEHS, University of North Carolina, Duke University and others participated in the symposium on “Emerging Contaminants in Ambient Environment: Perspectives to Guide North...more
North Carolina manufacturers currently using or those that have used per/poly-fluoroalkyl substances (PFAS) face greater risk of environmental and toxic tort litigation because of new legislation. The legislation, which went...more
On February 6, 2018, the EPA formally suspended the Obama-era “Waters of the U.S.” (WOTUS) rule until 2020. This delayed implementation will provide the Trump administration with additional time to issue a clearer, and...more
Would you consider this a “Water of the United States” subject to the Clean Water Act?
Well think again, because under a new rule, even a dry streambed or channel could be considered a “Water of the U.S.” and thus...more