News & Analysis as of

Wastewater Utilities Sector

Clark Hill PLC

[Webinar] PFAS Primer for the Public Sector - July 16th, 11:00 am PT

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Addressing PFAS continues to challenge local government, water providers, and wastewater providers, particularly in a rapidly changing regulatory environment. Regulatory initiatives will have costly and widespread impacts on...more

Snell & Wilmer

Arizona Governor Doug Ducey Funds Wastewater Study to Stop Pandemic Spread

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As the page is turned on 2020 and some hope exists with respect to a COVID-19 vaccine, Arizona finds itself with the dubious distinction of leading the nation in COVID-19 cases per 100,000. Against this regrettable backdrop,...more

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

Section 404 Permitting/Today & Tomorrow: Jimmy Rogers (FTN Associates) Arkansas Environmental Federation Webinar Presentation

Mr. Jimmy Rogers undertook a webinar presentation for the Arkansas Environmental Federation titled: Section 404 Permitting – Today & Tomorrow (“Presentation”) - Mr. Rogers is an environmental scientist with FTN...more

Snell & Wilmer

Wastewater Flows Can Predict COVID-19 Spread

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As we reported previously, researchers at Arizona State University in Tempe have been evaluating the possible link between wastewater and the spread of the coronavirus in local communities. Similar research is also being...more

Snell & Wilmer

Sewage Surveillance to Assess Possible COVID-19 Spread in Tempe Wastewater

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Researchers from Arizona State University are evaluating Tempe wastewater for traces of COVID-19, which could serve as an early warning system of the virus’s spread in communities. Although believed to be among the first...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Ohio EPA Issues Two COVID-19 Policies

A. Enforcement Discretion. Ohio EPA recently issued two new guidance memos relating to compliance and operator obligations. On March 25, 2020, the Ohio EPA announced a short memo dealing with notice and enforcement discretion...more

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

Sewer System Repairs/Exaction: Arkansas Supreme Court Addresses City of Blytheville Fee

The Arkansas Supreme Court in a February 6th opinion addressed whether a $5.00 fee assessed by the City of Blytheville, Arkansas (“Blytheville”) constituted an illegal exaction in violation of the Arkansas Constitution. See...more

Cozen O'Connor

Receivers of Public Utilities in Pennsylvania: The Need for Legislation or Regulations

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In several recent cases, the Pennsylvania Public Utility Commission (PUC or Commission) simultaneously ordered: (1) the commencement of an investigation into whether the Commission should order a troubled small water or...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Department of Environmental Quality and Phillips County...

The Arkansas Department of Energy and Environment - Department of Environmental Quality (“DEQ”) and Southland Improvement District (“SID”) entered into a December 19th Consent Administrative Order (“CAO”) addressing an...more

Steptoe & Johnson PLLC

PFAS Legislation Aims to Impact Clean Water Utilities

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The United States House of Representatives has passed per-and polyfluoroalkyl substances (“PFAS”) legislation as part of annual amendments to the National Defense Authorization Act (“NDAA”), H.R. 2500. Two last-minute...more

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

Wastewater Enforcement: Arkansas Department of Environmental Quality and Faulkner County, Arkansas Wastewater Treatment Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Flushing Meadows Utility Operating Company, LLC (“FMUOC”) entered into a May 29th Consent Administrative Order (“CAO”) addressing a Clean Water Act National...more

Holland & Knight LLP

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

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• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

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

Water and Wastewater Workforce: January 2018 U.S. Government Accountability Office Report Addressing Recruiting

The United States Government Accountability Office (“GAO”) issued a January 2018 report titled: Water and Wastewater Workforce – Recruiting Approaches Help Industry Hire Operators, but Additional EPA Guidance Could Help...more

Cozen O'Connor

PA PUC Approves PA-American Water’s Fair Market Value Acquisition of McKeesport Wastewater System

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In one of the first acquisitions to be decided pursuant to a 2016 amendment to the Pennsylvania Public Utility Code (Code) that allows a public utility to rate base fair market value instead of depreciated original cost, the...more

Sullivan & Worcester

Water Infrastructure: The Current State of Funding and Considerations for Private Investors

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Almost a decade ago, EPA estimated the needed investment in our domestic water and wastewater infrastructure at approximately $105 billion; today it is estimated at over $600 billion. There is no indication thus far that the...more

Bradley Arant Boult Cummings LLP

$1 Billion in Credit Assistance Now Available from EPA’s New Water Infrastructure Program

On January 10, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of $1 billion in credit assistance for water infrastructure projects under the new Water Infrastructure Finance and Innovation Act...more

Blank Rome LLP

New PA Law Gives Boost to Investor-Owned Acquisitions of Municipal Water and Wastewater Systems

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Action Item: A new Pennsylvania law makes the Commonwealth a much friendlier place for investor-owned water utilities to acquire municipally-owned water and wastewater facilities. Act 12 of 2016 mitigates the risk that the...more

Snell & Wilmer

To “SIB” or Not to “SIB” – That Is the Question on How to Timely Fund Necessary Water and Wastewater Infrastructure Improvements

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Recently, the U.S. Environmental Protection Survey showed that $271 billion is needed for the Nation’s Wastewater Infrastructure, including for investor-owned utilities regulated by state public utility commissions....more

Dickinson Wright

[Event] Agribusiness Expansion Impacts on Wastewater Utilities: How to Plan and Support a Successful Project - Jan. 27th, Grand...

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TECHNICAL AND ENGINEERING ISSUES FOR CONSIDERATION WHEN ASSESSING PROJECT VIABILITY David Filipiak and Wayne Langeland, Fishbeck, Thompson, Carr & Huber, Inc....more

Saul Ewing Arnstein & Lehr LLP

Primary Steps New Jersey Municipalities Must Take to Sell or Lease Public Water or Wastewater Systems to Regulated Utilities Under...

On February 5, 2015, New Jersey Governor Chris Christie signed into law the Water Infrastructure Protection Act to authorize municipalities to transfer water and wastewater assets to regulated utilities by sale or long-term...more

Cozen O'Connor

Texas PUC to Submit Proposed Rules for Adoption

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In September 2014, responsibility for regulation of water and wastewater utilities was transferred from the Texas Commission on Environmental Quality (TCEQ) to the Public Utility Commission (PUC). The transfer allows TCEQ to...more

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