On May 14, 2025, the U.S. Environmental Protection Agency (EPA) announced its latest plans to address PFAS contamination in drinking water. Specifically, the EPA plans to retain the National Primary Drinking Water Regulation...more
On March 24, 2025, the Environmental Protection Agency (EPA) published plans to seek stakeholder input on implementing a new definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA). The EPA’s goal...more
3/25/2025
/ Clean Water Act ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Navigable Waters ,
New Guidance ,
Proposed Rules ,
Rapanos v US ,
Sackett v EPA ,
SCOTUS ,
Waters of the United States ,
Wetlands
New U.S. Environmental Protection Agency (EPA) regulations, which went into effect on July 8, 2024, designate perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and isomers as hazardous...more
On April 19, 2024, the U.S. Environmental Protection Agency (EPA) issued a regulation designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and their salts and isomers, as hazardous substances...more
4/22/2024
/ CERCLA ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
National Priorities List (NPL) ,
New Regulations ,
PFAS ,
Proposed Rules ,
RCRA ,
Reporting Requirements ,
Superfund
On April 10, 2024, the U.S. Environmental Protection Agency (EPA) issued final new national primary drinking water regulations for six per- and polyfluroralkyl substances (PFAS). The regulations impose Maximum Contaminant...more
Regulation Would Apply to PFOA, PFOS, GenX, PFBS, PFHxS, and PFNA -
On March 14, 2023, the U.S. Environmental Protection Agency (EPA) proposed new primary drinking water regulations for six of the most common per- and...more
3/16/2023
/ California ,
CERCLA ,
Chemicals ,
Comment Period ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
PFAS ,
Proposed Regulation ,
Public Health
Municipalities and Special Districts Could Face Liability As a Result -
The U.S. Environmental Protection Agency (EPA) has released the pre-publication of the long-awaited Proposed Rule designating perfluorooctanoic acid...more
Withdrawal expands “functional equivalent” test for discharges that the Supreme Court established in County of Maui v. Hawaii Wildlife Fund -
The U.S. Environmental Protection Agency has rescinded January 2020 guidance on...more
Clarity Provided for New “Functional Equivalent” Test -
Today, the U.S. Environmental Protection Agency published guidance on how to apply the U.S. Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund. The...more
12/11/2020
/ Clean Water Act ,
Comment Period ,
Direct Discharge ,
Discharge of Pollutants ,
Draft Guidance ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Point Sources ,
SCOTUS
EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications -
The Environmental Protection Agency released it final “Clean Water Act Section 401 Certification Rule” this week, which limits...more
County of Maui v. Hawai’i Wildlife Fund -
Last week, the Supreme Court announced a 6-3 decision in the case of County of Maui v. Hawai’i Wildlife Fund. The decision involves whether a federal permit is required under the...more
4/27/2020
/ 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
Federal and State Governments and Courts Concerned About Toxicity and Water Contamination -
Concerns about rising health risks from a group of chemicals called PFAS in water supplies are spurring responses from both...more
For the second time in the last 4 years, and the seventh since the Clean Water Act was adopted in 1972, the federal government has revised the definition of the term “Waters of the United States” for the purposes of the...more
12/13/2018
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
Navigable Waters ,
NPRM ,
Proposed Rules ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
A recent decision by the U.S. Ninth Circuit Court of Appeals (Hawai'i Wildlife Fund v. County of Maui) created a new standard for permitting under the Clean Water Act — one that captures discharges from point sources through...more
6/22/2018
/ Appeals ,
Clean Water Act ,
Comment Period ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Liability ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Flood Control ,
Groundwater ,
Municipalities ,
NPDES ,
Permits ,
Public Comment ,
Rulemaking Process ,
Surface Water ,
Waste Disposal ,
Wastewater ,
Water Management
Nationwide Stay of WOTUS Rules Remains in Effect -
On February 22, 2016, the Sixth Circuit ruled that it has jurisdiction to hear numerous consolidated petitions filed in both district and circuit courts across the...more
Injunction Applies Only to 13 States That Are Parties to the Case
On Thursday, U.S. District Judge Ralph Erickson in Fargo, N.D. issued a temporary injunction requested by North Dakota and 12 other states prohibiting the...more
The last thing that public agency leaders want to hear is that looming changes may make operating and building new public infrastructure more challenging and expensive. Unfortunately, proposed changes by the Environmental...more
The Environmental Protection Agency recently announced a proposed rule changes related to the Clean Water Act and the definition of the term “Waters of the United States.” If adopted, it is believed they will greatly expand...more
EPA Extends Comment Period on Waters of the U.S. -
Additional Time to Provide Comments on EPA Rulemaking -
The Environmental Protection Agency extended the comment period on the Waters of the United States...more
The Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) formally issued a Proposed Rule today designed to clarify their regulatory jurisdiction under the Clean Water Act. The Proposed Rule will...more
BB&K is Assembling a Coalition of Local Governments to Provide Input -
The Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) released a Proposed Rule designed to clarify their regulatory...more
Regulations Require Identification of High Quality Lakes, Streams and Other Surface Water -
The U.S. Environmental Protection Agency (EPA) recently issued proposed regulations governing the way it reviews and approves...more