News & Analysis as of

Water Quality Infrastructure

Nossaman LLP

California Water Views – 2025 Outlook

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Water is simple. Water issues are complex. To provide more clarity, we asked our attorneys who are committed to the water sector to identify the pivotal issues they’re watching now and for the year ahead. Their perspectives...more

Latham & Watkins LLP

The State of California Water in 2025

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Stakeholders should stay informed as state and federal officials advance plans and policies for water conservation, water quality, and climate resilience in California....more

Nossaman LLP

State Water Board Developing Statewide Urban Stormwater Infiltration Policy

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The California State Water Resources Control Board (State Water Board) has begun its process to develop a new statewide Urban Stormwater Infiltration Policy. The goal of the proposed new policy is to establish statewide...more

Allen Matkins

From Waves to Wells Seawater Desalination and Coastal Groundwater Basins

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Traditional sources of freshwater are dwindling as a result of increased demand, reduced natural replenishment, volatile weather patterns, and extended-duration droughts. Desalination, the industrial-scale removal of salt...more

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

U.S. Environmental Protection Agency Transition Team: Association of Clean Water Administrators/National Association of Clean Air...

Ten national organizations that represent state, tribal, and local partners transmitted a January 6th letter to the United States Environmental Protection Agency Transition Team offering assistance to the second Trump...more

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

Compendium of Tools/Methods to Estimate Environmental Benefits for Nature-Based Solutions: U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) issued a November 2024 report titled: A Compendium of Tools and Methods to Estimate Environmental Benefits for Nature-Based Solutions - Environmental Benefits...more

Farrell Fritz, P.C.

The Suffolk County Water Quality Restoration Act – Proposition 2

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On election day this year, Suffolk County residents overwhelmingly approved a ballot proposition that will increase the countywide sales tax to fund a project aimed at making water cleaner and upgrading Suffolk County’s sewer...more

Troutman Pepper Locke

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA § 401 Rule

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At its May 23, 2024 open meeting, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to establish a one-year “reasonable period of time” for certifying authorities to...more

Troutman Pepper Locke

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA 401 Rule

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At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more

Nossaman LLP

California Water Views - 2024 Outlook

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Water Agencies Beware Before Proceeding with Forced Municipalization - California’s state water system serves roughly 40 million people and irrigates nearly 10 million acres of farmland. The 2023 water year was ranked as...more

K&L Gates LLP

EPA Proposes New Rules Governing Section 401 Water Quality Certification

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On 9 June 2022, the U.S. Environmental Protection Agency (EPA) published in the federal register a proposed rule regarding the Clean Water Act (CWA) Section 401 water quality certification process (the Proposed Rule), undoing...more

Troutman Pepper Locke

Diving In: An Interview With Radhika Fox, Assistant Administrator, Office of Water - Reflections on Water Podcast

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Dave Ross talks with Radhika Fox as she marks her one year anniversary as EPA’s Assistant Administrator for Water. They discuss how her prior experiences prepared her for the role at EPA and her desire to change the narrative...more

Farrell Fritz, P.C.

Public Comment Period Open for NYSDEC Proposed Guidance Levels for PFOA, PFOS and 1,4-Dioxane in Ground and Surface Water

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On October 5, 2021, the New York State Department of Environmental Conservation (“Department” or “DEC”) released water quality guidance values for three emerging compounds, PFOA, PFOS and 1,4-Dioxane (collectively, “Emerging...more

BakerHostetler

The Section 401 Water Quality Certification Program and Its Impacts on Energy and Infrastructure Projects

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Section 401 of the Clean Water Act (CWA) requires applicants for federally permitted projects “that may result in any discharge into the navigable waters” of the United States to seek water quality certifications from the...more

Foley Hoag LLP - Environmental Law

States Really, Really, Must Act on Water Quality Certification Applications Within One Year

The saga of judicial efforts to enforce the one-year limit on state review of applications for water quality certifications under Section 401 of the Clean Water Act shows no sign of reaching a conclusion. First, in Hoopa...more

Morgan Lewis - Power & Pipes

FERC Modifies Water Quality Certification Waiver Period for Gas Projects

FERC issued a final rule on March 18 amending its regulations to establish a one-year period for state agencies or other certifying authorities to act on requests for water quality certifications required for a certificate of...more

Nossaman LLP

Executive Order on Modernizing America’s Water Resource Management and Water Infrastructure

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On October 13, 2020, President Trump issued the Executive Order (EO) on Modernizing America’s Water Resource Management and Water Infrastructure. The goal of the EO is to streamline the management of federal water policy and...more

Farella Braun + Martel LLP

New EPA Clean Water Act Rule Attempts to Streamline Permitting Process

Earlier this week, the U.S. Environmental Protection Agency finalized the “Clean Water Act Section 401 Certification Rule” (Rule). The Rule comes with significant procedural and substantive changes to the certification...more

Faegre Drinker Biddle & Reath LLP

Minnesota Legislative Update: Governor Releases $2 Billion Capital Investment Proposal

During a series of press events over the last week, Governor Tim Walz (DFL) released his $2.028 billion capital budget proposal. Dubbed the “Local Jobs and Project Plan,” the Governor’s proposal prioritized affordable...more

Bricker Graydon LLP

Legislative review and 2020 legislative and electoral preview

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With the start of a new decade, our team wants to share an overview of the past year and a look ahead to the coming months. Please find here a review of relevant legislation that the General Assembly passed in 2019, a summary...more

Bricker Graydon LLP

H2Ohio water quality plan unveiled

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On November 14, 2019, Ohio Governor Mike DeWine unveiled his long-awaited H2Ohio Water Quality Plan, a program aimed at reducing phosphorus runoff and harmful algal blooms, improving water infrastructure (including tackling...more

Farrell Fritz, P.C.

Standoff Between National Grid and New York State Over Gas Pipeline is Impacting Homeowners and Businesses

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In May 2019, National Grid – the utility company that provides natural gas to approximately 1.8 million customers in Brooklyn, Queens, Staten Island and Long Island – announced a moratorium on the processing of applications...more

Cole Schotz

Rain, Rain, Go Away! Lake Hopatcong’s Algae Bloom & New Jersey’s “Rain Tax”

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Lake Hopatcong, New Jersey’s largest lake, has been in the headlines all summer for the large blue-green algae blooms forcing beach and lake closures. This blue-green algae, called cyanobacteria, produces cyanotoxins under...more

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

Executive Order on Promoting Energy Infrastructure and Economic Growth: Section 401 Clean Water Act Certification Process

The White House issued an Executive Order titled: Executive Order on Promoting Energy Infrastructure and Economic Growth (“EO”) - Section 3 of the EO addresses Section 401 Clean Water Act certifications....more

Hogan Lovells

Water Snippets

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Hogan Lovells Publications | 26 February 2019 Industries and municipalities contribute to Vaal river pollution, SAHRC hears There is continued unlawful spillage, mainly sewage, into waterways that run into the Vaal river from...more

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