News & Analysis as of

Biosolids

Farella Braun + Martel LLP

Biden-Harris Administration Announces Release of EPA’s Third Annual Progress Report on the PFAS Strategic Roadmap

On November 14, 2024, the Biden-Harris Administration announced the release of EPA’s third annual progress report on EPA’s PFAS Strategic Roadmap, and the report indicates a growing focus on PFAS-related enforcement and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Biosolids Technology Hub: New England Interstate Water Pollution Control Commission Announces PFAS Information Clearinghouse

The New England Interstate Water Pollution Control Commission (“NEIWPCC”) has announced the development of what is referred to as a Biosolids Technology Hub (“BioHub”). The BioHub is stated to have been created to serve...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Biosolids/PFAS: U.S. Environmental Protection Agency Moves to Dismiss Public Employees for Environmental Responsibility Judicial...

The Public Employees for Environmental Responsibility (“PEER”) filed in June a Judicial Action in the United States District Court for the District of Columbia (“Court”) arguing that the United States Environmental Protection...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS/Clean Water Act Citizen Suit Enforcement: Coosa River Basin Initiative and Georgia Municipality Enter into Consent Decree

The Coosa River Basin Initiative (“Initiative”) and City of Calhoun, Georgia (“Calhoun”) entered into a Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil Action No. 4:24-cv-00068-WMR. ...more

Mintz

EPA's explanation that PFAS are unsafe in minute concentrations is turning out to have serious ramifications for many, including...

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Lara Beaven of Inside PFAS Policy reports that Maine farmers have joined litigation against the Environmental Protection Agency for not yet regulating the presence of PFAS in sewage sludge. The plaintiffs in that litigation...more

Dechert LLP

Dechert Re:Torts - Issue 17

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Are Litigation Funders the Truest Parties in Interest? In the April 2023 issue of Re:Torts we covered a dispute that arose in In re Broiler Chicken Antitrust Litigation between third-party litigation funder Burford...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Biosolids/Clean Water Act: Public Employees for Environmental Responsibility Citizen Suit Action Against U.S. Environmental...

The Public Employees for Environmental Responsibility (“PEER”) filed a Clean Water Act citizen suit action in the United States District Court for the District of Columbia against the United States Environmental Protection...more

Proskauer Rose LLP

Designation of PFOA and PFOS as CERCLA Hazardous Substances

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On May 8, 2024, the United States Environmental Protection Agency (“EPA”) published its final rule designating two types of per- and polyfluoroalkyl substances (“PFAS”) — specifically, perfluorooctanoic acid (“PFOA”) and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Evaluation of Current Alternatives and Estimated Cost Curves for PFAS Removal/Destruction: Minnesota Pollution Control Agency...

The Minnesota Pollution Control Agency (“MPCA”) released in early June a report titled: Evaluation of Current Alternatives and Estimated Cost Curves for PFAS Removal and Destruction from Municipal Wastewater, Biosolids,...more

Amundsen Davis LLC

Illinois Continues to Expand its Prevailing Wage Law: Removing & Disposing of Community “Poop” to a Private “Toilet” is Now...

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Yep. You read that right. Not really sure how else to describe this little nugget. As Illinois continues to do all it can to help labor organizations, the latest assist is a real stomach turner. HB2845 amends the IL...more

Verrill

Crisis emerges in Maine over safe disposal of biosolids from wastewater treatment plants

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Maine wastewater treatment plants are currently facing intense challenges concerning disposal of their sewage sludge, also called “biosolids.” This is a fast-moving issue getting significant coverage in the media and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: U.S. Environmental Protection Agency and City of Dixon, Missouri, Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and City of Dixon, Missouri, entered into a January 23rd Complaint and Consent Agreement/Final Order (“CA”). See Docket No. CWA-07-2022-0117. The CA provides that...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Biosolids Biennial Report No. 9: U.S. Environmental Protection Agency Publishes Biennial Congressionally Required Report on...

The United States Environmental Protection Agency (“EPA”) published the 9th Biennial Report titled: Biosolids Biennial Report No. 9 (“Report No. 9”) ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS Positioning and Guidance Statement: US Composting Council Announcement

The United States Composting Council (“USCC”) recently issued a document titled: PFAS Positioning and Guidance Statement (“Statement”)...more

Harris Beach PLLC

EPA’s Latest PFAS Guidance Signals Source-based Permitting and Monitoring Strategy

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The Environmental Protection Agency (EPA) recently signaled a path forward on its roadmap to address PFAS contamination, something industry, water suppliers, and wastewater treatment operators, to name a few, have been...more

Mintz

Uncertainty abounds as EPA works to reach any of the destinations on its PFAS road map but States press on.

Mintz on

Inside EPA reports today on the concerns of water suppliers needing to remove PFAS from drinking water. Among other things, PFAS removal results in residuals, or what you and I might call sludge, that won't be going the...more

Mintz

No more biosolids in Maine?

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Bloomberg Environment reports that Maine Governor Janet Mills is about to sign legislation banning the land application of biosolids in Maine unless those biosolids are determined to be free of PFAS. Practically speaking,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Water Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Pope County...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Terra Renewal Services, Inc. – Pulaski County (“Terra”) entered into a December 13th Consent Administrative Order (“CAO”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Biosolids Biennial Report: February 2020 Report Issued

The United States Environmental Protection Agency (“EPA”) published a February 2021 document titled: Biosolids Biennial Report No. 8 (“Report”) - The Report addresses the reporting period 2018-2019. ...more

Burr & Forman

Alabama Land Application Regulatory Deadline Approaching

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In early 2020, the Alabama Environmental Management Commission promulgated rules establishing procedures by which the Department of Environmental Management will regulate land application of eligible non-hazardous by-product...more

Steptoe & Johnson PLLC

Follow the Leader? Maine’s Strict Stance on PFAS and Biosolids Land Application Sets the Stage for Further State Regulation

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As the United States Environmental Protection Agency (“EPA”), Congress, and state regulatory agencies continue to push forward with per-and polyfluoroalkyl substances (“PFAS”) regulations, the Maine Department of...more

Pierce Atwood LLP

Maine DEP Establishes Aggressive Requirement for PFAS Testing in Biosolids

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On Friday afternoon March 22, 2019, the Maine Department of Environmental Protection (DEP) announced in a memorandum to licensed facilities that land apply, compost, or process biosolids (i.e., wastewater treatment sludge)...more

Beveridge & Diamond PC

California Court Blocks Local Measure Banning Ground Application of Biosolids

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In a victory for municipalities that recycle biosolids to farmland, Los Angeles’ sanitation district prevailed in its suit against a Kern County initiative banning land application of biosolids. See County Sanitation Dist....more

McNees Wallace & Nurick LLC

Pennsylvania High Court Reinforces Nuisance Claim Bar Under the Right To Farm Act

On December 21, 2015, the Pennsylvania Supreme Court decided the case Gilbert, et al. v. Synagro Central, LLC, et al., Pa Supreme Court No. 121 MAP 2014 (December 21, 2015), which interpreted a provision of the Pennsylvania...more

Beveridge & Diamond PC

Beveridge & Diamond Secures Unanimous Ruling in Pennsylvania Supreme Court Shielding Biosolids Land Application from Tort Claims

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Litigators in the Firm’s Washington, DC office secured a unanimous ruling from the Supreme Court of Pennsylvania in favor of Beveridge & Diamond client Synagro and persuaded the Court to hold that land application of...more

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