In response to multiple requests from stakeholders, as noted on its website, the U.S. Environmental Protection Agency (EPA) has extended the public comment period for its National Pollutant Discharge Elimination System...more
On April 17, U.S. Environmental Protection Agency (EPA) Assistant Administrator for Water David Ross issued a notice indicating the comment period for EPA's Preliminary Regulatory Determinations for Contaminants on the Fourth...more
On April 23, the U.S. Supreme Court finally answered the question that has plagued environmental attorneys for years with its decision in County of Maui v. Hawaii Wildlife Fund (Slip Op 18-260, April 23, 2020): whether point...more
4/28/2020
/ Appeals ,
Citizen Suits ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated
On March 31, David A. Hindin, the director of the U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance, issued a Temporary Advisory for National Pollutant Discharge Elimination System...more
On March 2, 2020, the U.S. Environmental Protection Agency (EPA) published a notice and request for comment for its National Pollutant Discharge Elimination System (NPDES) 2020 Issuance of the Multi-Sector General Permit...more
The U.S. Environmental Protection Agency (EPA) recently announced the rollout of its new Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes which replaces an April 2010 Interim Guidance...more
6/19/2019
/ Certification Requirements ,
Clean Water Act ,
Energy Projects ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
FERC ,
Natural Gas ,
Navigable Waters ,
New Guidance ,
Oil & Gas ,
Pipelines ,
Regulatory Authority ,
Section 401 ,
US Army Corps of Engineers ,
Water Quality
• The U.S. Environmental Protection Agency (EPA) recently issued a 171-page pre-publication version of its proposed perchlorate rule in accordance with the Safe Drinking Water Act (SDWA), just days before a court-ordered...more
On April 25, 2019, The U.S. Environmental Protection Agency (EPA) announced issuance of Draft Interim Recommendations to Address Groundwater Contaminated with Perfluorooctanoic Acid and Perfluorooctane Sulfonate. According to...more
4/29/2019
/ CERCLA ,
Comment Period ,
Contamination ,
Draft Guidance ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Interim Guidance ,
Public Comment ,
Public Health ,
Site Remediation ,
Toxic Chemicals
By way of background, in 2016 the New York State Department of Environmental Conservation (NYSDEC) listed two long-chain per- and polyfluoroalkyl substances (PFAS)—PFOA and PFOS—as hazardous substances. However, NYSDEC did...more
4/23/2019
/ Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Regulatory Requirements ,
Site Remediation ,
Soil ,
Statistical Sampling ,
Surface Water ,
Toxic Chemicals ,
Wastewater
On April 15, 2019, the U.S. Environmental Protection Agency (EPA) issued a prepublication draft of an Interpretative Statement clarifying the application of Clean Water Act (CWA) National Pollution Discharge Elimination...more
On March 6, 2019, the House Committee on Oversight and Reform, Environmental Subcommittee held a hearing entitled "Examining PFAS Chemicals and Their Risks." The purpose of the hearing was to examine (1) the health effects...more
On Feb. 26, 2019, the U.S. Environmental Protection Agency (EPA) published its latest efforts to evaluate the toxicity of per- and polyfluorinated alkyl substances (PFAS) in accordance with its previously announced PFAS...more
On Feb. 26, 2019, the House Committee on Energy and Commerce, Subcommittee on Oversight and Investigations will hold a hearing entitled "EPA's Enforcement Program: Taking the Environmental Cop Off the Beat." According to the...more
On Feb. 14, 2019, U.S. Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler held a live-streamed press conference in Philadelphia, Pennsylvania describing the release of EPA's anticipated PFAS Action...more
2/19/2019
/ Contamination ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Pollution Control ,
Public Health ,
Regulatory Agenda ,
Regulatory Oversight ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Utilities Sector ,
Water Supplies
On Jan. 28, 2019, the Massachusetts Department of Environmental Protection (MassDEP) issued its response to the "Petition for Rulemaking to Establish a Treatment Technique Drinking Water Standard for Per- and Polyfluoroalkyl...more
On Jan. 3, 2019, the Solicitor General filed a Brief for the United States as Amicus Curiae in response to an order issued Dec. 3, 2018, which "called for the views of the Solicitor General" (CVSG) in connection with two...more
1/10/2019
/ Amicus Briefs ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
NPDES ,
Petition for Writ of Certiorari ,
Public Comment ,
Solicitor General ,
Surface Water ,
Water
On Nov. 14, 2018 the U.S. Environmental Protection Agency (EPA) issued a press release seeking public comment on its draft toxicity assessment for GenX chemicals and perfluorobutane sulfonic acid (PFBS), members of a larger...more
The U.S. House of Representatives Committee on Energy and Commerce Subcommittee on Environment will hold a hearing on per-fluorinated chemical contamination on Thursday, Sept. 6, 2018, at 10 a.m. in 2123 Rayburn House Office...more
In the wake of the PFAS National Leadership Summit convened by the U.S. Environmental Protection Agency (EPA) on May 22-23, 2018, EPA opened a public docket to solicit comments on per- and polyfluoroalkyl substances (PFAS), a...more
On Aug. 23, 2018, the U.S. Environmental Protection Agency (EPA) published its results of efforts to study a variety of technologies used to remove Per- and polyfluoroalkyl substances (PFAS) from drinking water. PFAS are a...more
The U.S. Environmental Protection Agency (EPA) has been studying holistically the management of wastewater generated from onshore unconventional oil and gas extraction, also known as "fracking." This study is a result of the...more
On June 19, 2018, the Massachusetts Department of Environmental Protection (DEP) Bureau of Waste Site Cleanup (BWSC) issued its Interim Guidance on Sampling and Analysis for PFAS at Disposal Sites Regulated under the...more
6/26/2018
/ ATSDR ,
Chemicals ,
Contaminated Properties ,
Department of Health and Human Services (HHS) ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Regulatory Standards ,
Toxic Chemicals ,
Water ,
Water Supplies
On May 23, 2018, the Massachusetts Department of Environmental Protection (DEP), in conjunction with the Massachusetts Department of Fire Services (DFS), announced a program to inventory and dispose of pre-2003 firefighting...more
The U.S. Senate Committee on Environment and Public Works held a hearing on April 18, 2018, entitled “The Appropriate Role of States and the Federal Government in Protecting Groundwater.” Persons providing testimony included...more
4/24/2018
/ Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
NPDES ,
Permits ,
Point Sources ,
Public Comment ,
Public Works ,
Senate Committees ,
Surface Water ,
Water Pollution ,
Waters of the United States
On March 28, 2018, the Office of the Inspector General (OIG) of the U.S. Environmental Protection Agency (EPA) issued a Project Notification indicating its plans to begin preliminary research to evaluate the EPA’s...more
4/10/2018
/ Abatement ,
Construction Project ,
Construction Workers ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Homeowners ,
Housing Developers ,
Lead Paint ,
Notifications ,
OIG ,
Painting Contractors ,
Renovations ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA)