News & Analysis as of

Safe Drinking Water Act Appeals

Fox Rothschild LLP

PFAS Drinking Water Rule Litigation Stay Lifted; 30-Day Extension Sought in Hazardous Substance Designation Case

Fox Rothschild LLP on

The U.S. Court of Appeals for the D.C. Circuit granted EPA’s motion to lift the stay in the litigation challenging the maximum contaminant levels (MCLs) for six PFAS chemicals (PFOA, PFOS, PFHxS, PFNA, HFPO-DA commonly known...more

Pillsbury - PFAS Observer

Court Grants Additional 30-Day Pause in PFAS Drinking Water Rule Litigation

On April 10, 2025, at the request of the Environmental Protection Agency (EPA), the U.S. Court of Appeals for the District of Columbia Circuit extended the stay by 30 days in American Water Works Association, et al. v. EPA,...more

Cozen O'Connor

Democratic AGs Pour Support into Limiting PFAS in Drinking Water

Cozen O'Connor on

A group of 18 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit in American Water Works Association v. EPA (No. 24-1188) supporting the EPA’s defense of its Final Rule establishing...more

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

Lead and Copper Rule/Safe Drinking Water Act: Natural Resources Defense Council Intervention in the United States Court of Appeals...

The Natural Resources Defense Council (“NRDC”) and two other environmental organizations filed on December 20th a document styled: Motion of Newburgh Clean Water Project, Natural Resources Defense Council, and Sierra...more

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

Lead and Copper Rule/Safe Drinking Water Act: American Water Works Association Petition Before the United States Court of Appeals...

The American Water Works Association (“AWWA”) filed on December 13th a document styled: Petition for Review of the Lead and Copper Rule Improvements (“LCRI”)....more

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

Safe Drinking Water Act Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Carter County...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an April 15th Director’s Order and Assessment (“Order”) to Peters Hollow Water System, Inc. (“Peters Hollow”). See Case No. DWS23-0189. The...more

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

Underground Injection Control/Class II-D: Three Rivers Waterkeeper U.S. EPA Environmental Appeals Board Challenge to Allegheny...

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

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

Safe Drinking Water Act Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment Addressing...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an August 11th proposed Director’s Order and Assessment (“Order”) to West Point Utility District (“West Point”) alleging violations of the Tennessee...more

Sheppard Mullin Richter & Hampton LLP

Up In Smoke – CA Court of Appeal Dismisses Prop 65 Case Against Water Pipe Manufacturer Narrowly Construing The Term “Expose”

California Safe Drinking Water and Toxic Enforcement Act of 1986 (Health & Safety Code § 25249.5 et seq.) (“Prop 65”) is a California law that prohibits any person in the course of doing business from “knowingly and...more

King & Spalding

American Chemistry Council Challenges EPA’s New PFOA and PFOS Health Advisories for Drinking Water

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Also late this summer, the American Chemistry Council (ACC) filed a petition with the Court of Appeals, District of Columbia Circuit challenging EPA’s recent interim Lifetime Health Advisories on Four Perfluoroalkyl...more

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

Safe Drinking Water Act Enforcement: U.S. Environmental Protection Agency Final Administrative Order to Osage County, Oklahoma,...

The United States Environmental Protection Agency (“EPA”) issued a Final Administrative Order (“Order”) to McCann Resources, Inc. (“MRI”) for alleged violations of the Safe Drinking Water Act (“SDWA”) Underground Injection...more

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

National Primary Drinking Water Regulation/Safe Drinking Water Act: Environmental Organizations D.C. Circuit Court of Appeals...

Several organizations filed a Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia Circuit challenging the United States Environmental Protection Agency’s (“EPA”) Safe Drinking...more

Downey Brand LLP

Ninth Circuit Finds that Distribution of Drinking Water Containing MCL-Compliant Levels of Hexavalent Chromium Gives Rise to RCRA...

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The Ninth Circuit recently issued a decision in Cal. River Watch v. City of Vacaville (Case No. 20-16605) (“Vacaville”) regarding the breadth of Resource Conservation and Recovery Act (“RCRA”) liability for contributing to...more

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

Underground Injection Control: U.S. EPA Environmental Appeals Board Addresses Challenge to Class II Permit Renewal

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in a May 6th Decision a Petition challenging the renewal of a Class II Underground Injection Control (“UIC”) permit. See...more

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

Takings/Water Contamination: Federal Appellate Court Addresses Jurisdictional Issue Involving Water District Damage Claim

The United States Court of Appeals, Federal Circuit, (“Court”) addressed in a July 19th opinion whether the Court of Federal Claims (“Lower Court”) has subject matter jurisdiction to address a takings claim involving water...more

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