News & Analysis as of

Water Pollution

J.S. Held

Understanding PFAS in Apparel and the Risks of Product Liability and Environmental Exposure

J.S. Held on

THE EXPANDING SOURCES AND COSTS OF PFAS CONTAMINATION - Per- and polyfluoroalkyl substances (PFAS) investigation and litigation in the last few years has predominantly been focused on impacts which ultimately originate...more

MG+M The Law Firm

Bitter Aftertaste: PFAS Found in US Beer

MG+M The Law Firm on

The Environmental Science & Technology Journal found in a 2025 study that 95% of 23 tested beers brewed across the United States contain varying levels of per- and polyfluoroalkyl substances (PFAS). PFAS are synthetic...more

Perkins Coie

Percolating Groundwater Is Appurtenant to Land and Is Transferred With It

Perkins Coie on

The Court of Appeal confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during a...more

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

Stormwater Enforcement: Colorado Department of Public Health & Environment and La Plata County Mining Operator Enter into...

The Colorado Department of Public Health & Environment (“Department”) and Sunrise Mining, LLC (“Sunrise”) entered into a May 14th Compliance Order on Consent (“CO”) addressing an alleged violation of the Colorado Stormwater...more

Allen Matkins

California Environmental Law & Policy Update 5.30.25

Allen Matkins on

The U.S. Supreme Court on Thursday ruled in favor of an alliance of local counties that support a planned 88-mile railroad project in Utah, concluding that the federal environmental review process did not have to consider...more

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

PFAS/Arkansas Natural Resources Commission: Arkansas Advocate Article Notes Approval of $1.8 Million Grant for Surface Water...

The publication Arkansas Advocate noted in a May 21st article that the Arkansas Natural Resources Commission (“ANRC”): …approved a $1.8 million grant Wednesday to test surface waters for PFAS, the first known statewide...more

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

Reasonable Use Requirements for Colorado River Lower Basin Water Deliveries: Natural Resources Defense Council Petition to the...

The Natural Resources Defense Council and Waterkeepers (collectively, “NRDC”) submitted on May 6th a document to the United States Department of Interior (“DOI”) styled: Petition to the Secretary of Interior to Enforce...more

Bergeson & Campbell, P.C.

U.S. State PFAS Initiatives — A Conversation with Richard E. Engler, Ph.D. and Carla N. Hutton

This week, I discuss with my colleagues, Carla N. Hutton, Senior Regulatory Analyst for B&C, and Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, the ever-expanding...more

Cozen O'Connor

New Jersey Secures $450 Million Settlement with 3M over PFAS Contamination

Cozen O'Connor on

New Jersey AG Matthew Platkin announced a $450 million settlement with 3M to resolve allegations that the company contaminated the state’s water supplies with harmful “forever chemicals,” or PFAS. According to the state’s...more

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

America's Most Endangered Rivers: American Rivers Announces 2025 Annual Listing

The organization American Rivers announced in an April 15th news release its annual list of America’s Most Endangered Rivers. The organization states that it reviews nominations for America’s Most Endangered Rivers from...more

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

Alabama Water Quality Criteria/Toxicity Values: Six Environmental Organizations Submit Petition to Alabama Environmental...

Six environmental organizations submitted an April 15th Petition to the Alabama Environmental Management Commission to amend Ala. (ADEM) Admin. Code Chap. 335-6-10, Appendix A....more

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

Air/Wastewater Enforcement/Citizen Suit Action: Conservation Law Foundation and Quincy, Massachusetts Bio-based Chemical...

The Conservation Law Foundation (“CLF”) and Twin Rivers Technologies (“TRT”) entered into a March 30th Consent Decree (“CD”) addressing alleged violations of the Clean Air Act and the Clean Water Act. See No....more

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

PFAS Liability/Drinking Water Exceedances: Legislation Submitted to North Carolina General Assembly Allocating Liability

House Bill 569 has been submitted to the General Assembly of North Carolina which is styled: AN ACT TO PROTECT THE CITIZENS OF NORTH CAROLINA FROM DRINKING WATER CONTAMINATED BY GENX AND OTHER PFAS COMPOUNDS....more

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

Clean Water State Revolving Fund PISCES Program/Performance and Innovation in the SRF Creating Environmental Success Program:...

The United States Environmental Protection Agency (“EPA”) issued a news release announcing the Clean Water State Revolving Fund’s George F. Ames Performance and Innovation in the SRF Creating Environmental Success (“PISCES”)...more

Fox Rothschild LLP

EPA Publishes Draft Risk Assessment of PFOA and PFOS in Sewage Sludge

Fox Rothschild LLP on

On January 15, 2025, the United States Environmental Protection Agency (EPA) released a Draft “Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS)” for public comment. EPA...more

Bricker Graydon LLP

Supreme Court Limits EPA Permitting Authority in City and County of San Fran v. US EPA

Bricker Graydon LLP on

On March 4, 2025, the U.S. Supreme Court issued a 5-4 opinion in City and County of San Francisco v. Environmental Protection Agency, holding that “end-result” requirements routinely imposed by the EPA in NPDES permits issued...more

Brownstein Hyatt Farber Schreck

California Water Statute Cannot Overcome Constitutional Balancing—Even for Fish

California Fish and Game Code Section 5937 has long been a subject of scholarly debate with uncertainty in its application. In a published opinion filed on April 2, 2025, California’s Court of Appeal for the Fifth Appellate...more

Williams Mullen

Clean Water Act: The End of “End-Result” Permitting

Williams Mullen on

The Supreme Court of the United States’ recent Clean Water Act decision in City of San Francisco v. EPA has sent shockwaves through the environmental community by prohibiting EPA and state agencies’ common practice of...more

Hanson Bridgett

Court Reaffirms Constitution’s Role in Water Use Disputes

Hanson Bridgett on

On April 2, 2025, California’s Fifth Appellate District issued a decision in Bring Back the Kern v. City of Bakersfield (April 2, 2025, F087487) (2025 WL 98443). The Court held the “self-executing” reasonableness requirement...more

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

Sanitary Sewer Overflow/Alleged Damages: Circuit Court of Carrol County, Arkansas Complaint Filed Against Eureka Springs

James McEvoy (“McEvoy”) filed an April 2nd Complaint in the Circuit Court of Carroll County, Arkansas against Eureka Springs, Arkansas alleging damages due to a sanitary sewer overflow (“SSO”). See Case No. 08WCV-25-39....more

Faegre Drinker Biddle & Reath LLP

PADEP Publishes Proposed Rulemaking Updating Spill Reporting Requirements

On April 5, 2025, the Pennsylvania Department of Environmental Protection (PADEP) published in the Pennsylvania Bulletin notice of a long-awaited proposed rulemaking that would establish new requirements for reporting spills,...more

Nossaman LLP

New Court Case Reasserts Reasonableness as a Limitation on Water Use

Nossaman LLP on

On April 2, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Bring Back the Kern v. City of Bakersfield, 2025 S.O.S. 909. That case held that courts must apply the reasonableness...more

Allen Matkins

California Environmental Law & Policy Update 4.4.25

Allen Matkins on

As part of a continued effort to expedite rebuilding after Los Angeles' devastating firestorms, Governor Gavin Newsom this week suspended California environmental laws for utility providers working to reinstall key...more

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

Upper White River Watershed Management Plan: H2Ozarks Announces Extension of Comment Period

H2Ozarks announced that the public comment period has been extended through April 22nd for the Upper White River Watershed Management Plan (“Plan”). The organization states that it is seeking community feedback to “ensure...more

MG+M The Law Firm

Biosolids on Trial: The PFAS Lawsuit Against Synagro

MG+M The Law Firm on

A recent lawsuit against Synagro Technologies, Inc. raises important questions about the role of biosolids in PFAS contamination and the legal responsibilities of manufacturers. The case, Farmer v. Synagro Tech., Inc., No....more

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