The U.S. Environmental Protection Agency (“EPA”) announced on November 30th what it denominates as the proposed “Lead and Copper Rule Improvements” (“LCRI”).
EPA’s rationale for the proposed rule is the health effects...more
The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted comments to the United States Environmental Protection Agency (“EPA”) on November 22 addressing the following Advance Notice of...more
The Alliance for Chemical Distribution (“ACD”) submitted comments to the United States Environmental Protection Agency (“EPA”) on November 17th addressing the following Advance Notice of Proposed Rulemaking (“ANPR”): ...more
Ranking members from both the United States House of Representatives Committee on Transportation and Infrastructure and Subcommittee on Water Resources and Environment prepared an analysis titled:
Murky Water: Navigating...more
11/8/2023
/ Clean Water Act ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Infrastructure ,
Jurisdiction ,
Permits ,
Sackett v EPA ,
Spill Prevention Plans ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Protect PT and Three Rivers Waterkeeper (collectively, “Three Rivers”) filed a document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board styled:
Petition for Review by Protect...more
The United States Court of Appeals for the Fifth Circuit (“5th Circuit”) addressed in an October 27th Opinion an issue arising out of the Oil Pollution Act of 1990 (“OPA”) and Comprehensive Environmental Response,...more
Clark McWilliams, P.E., MSc. undertook a presentation at the Arkansas Environmental Federation Convention titled: Per – and Polyfluoroalkyl Substances – What/Where/How to Manage How many “rabbit holes” can you jump down?...more
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an August 28th letter the application of the Hazardous Materials Regulations (“HMR”) applicable to the maintenance of Department of...more
A United States District Court (New Hampshire) addressed in an October 13th Order an issue arising out of a Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) cost recovery action. See Banfield...more
The Attorney General for the District of Columbia (“AG”) and Potomac Electric Power Company (“Pepco”) entered into a First Amendment to Consent Decree (“Amended Decree”) addressing alleged releases of hazardous substances....more
10/13/2023
/ Civil Monetary Penalty ,
Consent Decrees ,
Contamination ,
Electricity ,
Enforcement Actions ,
Groundwater ,
Hazardous Substances ,
Public Utility ,
Soil ,
Water ,
Water Pollution
The United States Environmental Protection Agency (“EPA”) published in the September 13th Federal Register a proposed rule that would amend the general provisions for Clean Air Act National Emission Standards for Hazardous...more
The United States Environmental Protection Agency (“EPA”) and Indiana- American Water Company, Inc. (“IAWC”) entered into an August 16th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean...more
The United States Court of Appeals for the Second Circuit (“Second Circuit”) addressed in an August 24th Opinion whether the federal Hazardous Materials Transportation Act (“HMTA”) preempted certain state tort law claims in...more
Various State of Colorado entities and agencies and Vail Corporation d/b/a Vail Mountain (“Vail Mountain”) entered into an August 16th Settlement Agreement (“Agreement”) addressing alleged violations of the following: ...more
Co-Author: Elizabeth Strickland The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) addressed in a June 23rd Opinion the scope of the Comprehensive Environmental Response, Compensation, and Liability...more
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) transmitted a July 17th letter clarifying the application of the Hazardous Materials Regulations (“HMR”) applicable to the classification of ammonium...more
The National Association of Clean Water Agencies (“NACWA”) submitted comments on proposed Safe Drinking Water Act (“SDWA”) National Primary Drinking Water Standards for six PFAS which include:
Perfluorooctanoic acid...more
The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted June 15th comments on the United States Environmental Protection Agency’s (“EPA”) Advanced Notice of Proposed Rulemaking...more
The Association of State Drinking Water Administrators (“ASDWA”) submitted June 13th comments on the United States Environmental Protection Agency’s (“EPA”) Advanced Notice of Proposed Rulemaking (“ANPRM”) titled: ...more
United States Senators Tom Carper (Delaware) and Shelley Moore Capito (West Virginia) released draft per- and polyfluoroalkyl substances (“PFAS”) legislation for stakeholder comment.
Senator Carper and Senator Capito are...more
The Court of Appeals of Ohio (“Court”) addressed in a June 12th Opinion an issue involving an alleged fraudulent misrepresentation made by the seller of a home involving contamination of its well water. See Enger v. Black,...more
Congressman Mike Thompson (California) transmitted a June 2nd letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan asking for:
. . . equal treatment for publicly and privately...more
The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a May 9th interpretive letter the application of the Hazardous Materials Regulations (“HMR”) applicable to products containing...more
The United States Environmental Protection Agency (“EPA”) and Austin Powder Company (“APC”) entered into a June 8th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Comprehensive Environmental...more
The Association of State Drinking Water Administrators (“ASDWA”) announced the release of a document titled:
PFAS Cost of State Transactions Study (“PCoSTS”)
The PCoSTS is a model adapted from the organization’s...more