We are excited to release the inaugural issue of Nossaman’s California Water Views – 2023 Outlook. April 1st is an important milestone in California’s water year – marking the annual snowpack assessment and related drought determination. We asked a number of our attorneys and policy advisors who are committed to the water sector to identify the pivotal issues they’re watching now and for the year ahead. Their perspectives are available in our 2023 Outlook covering these topics:
- Funding California’s Water Future. As communities look for ways to build and upgrade ...
On January 6, 2023, the U.S. Environmental Protection Agency (EPA) announced its Final Rule, listed at 88 FR 986, updating the maximum civil monetary penalties that may be assessed for violations of environmental statutes. This annual update is required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. This is the seventh annual adjustment under that act.
The update is designed to reflect inflation in order to maintain the deterrent effect of statutes providing civil monetary penalties, and is based on a formula that factors in the consumer price ...
On November 10, 2022, California Attorney General Rob Bonta announced that he had filed a lawsuit against 3M, DuPont, and sixteen other companies for their roles in manufacturing per- and polyfluoroalkyl substances (PFAS). The lawsuit seeks money damages, which could reach hundreds of millions of dollars, for damages, penalties, and restitution, as well as injunctive relief and abatement. Some consider the lawsuit the broadest of its kind brought by any state.
PFAS is an umbrella term that covers dozens of types of man-made chemicals. PFAS were used for a variety of purposes ...
On September 7, 2022, California became the first government in the world to require microplastics testing for drinking water, an emerging contaminant that is found throughout the environment. The State Water Resources Control Board (State Water Board) approved a policy handbook that details how it will implement a four-year plan, including testing logistics as well as how it will select the public agencies that will be required to test.
Microplastics represent an emerging contaminant of concern for which there are still a number of unanswered questions. As the policy handbook ...
On June 15, 2022, the U.S Environmental Protection Agency (EPA) announced new health advisories for four per- and polyfluoroalkyl substances (PFAS). The health advisories significantly lowered the level considered safe to consume for two PFAS and set limits for two new PFAS. At the same time, EPA announced it was making $1 billion available in grant funding to help communities address PFAS contamination.
PFAS have been dubbed “forever chemicals” because they tend to linger in the environment and humans rather than naturally breaking down. There are dozens of different types ...
Last week, the Ocean Protection Council adopted California’s Statewide Microplastics Strategy. The strategy is the first of its kind in the nation, focusing on outlining steps to address microplastic pollution, an emerging contaminant of concern.
Microplastics are defined in California as plastics that are between one nanometer and five millimeters in size. Microplastics have long been a concern for marine life, but recently there has been an increase in concern about the impacts of ingesting microplastics on humans. California has led the nation in developing strategies to ...
On October 18, 2021, the Biden-Harris administration announced an updated government-wide “comprehensive approach” to address per- and polyfluoroalkyl substances (PFAS), a set of man-made chemicals that are widely used in a variety of consumer and industrial products, and which persist in the environment once released and may be linked to health impacts. The announcement identified several activities to address PFAS by eight federal agencies, as well as proposed funding in the forthcoming infrastructure bill for monitoring for PFAS compounds in drinking water through ...
Please join me as I moderate “PFAS: Updates on the Regulatory Landscape” on July 29th, from 10:30 - 11:30 a.m. PT, during the 2020 Summer Virtual Conference, hosted by the Association of California Water Agencies (ACWA).
Participants will come away from this session with important information about...
Please join us along with our guest panelist, Thienan Pfeiffer, President & CEO of Glenn Lukos Associates, from 1:00 – 2:15 p.m. PT on July 16, 2020 for a timely webinar: "WOTS Next? An Update on the Clean Water Act and Regulation of Waters of the State & Waters of the U.S."
In the ever-shifting landscape of the Clean Water Act and Porter-Cologne jurisdiction, it can be difficult to determine whether you are engaging in activities that result in discharges of dredge, fill or pollutants to a Water of the United States (WOTUS) or Water of the State (WOTS), triggering regulatory permitting ...
Recently, I participated in the Environmental Law Institute’s (ELI) Master Class, PFAS: From Common Use to Concern. My fellow panelists and I discussed “PFAS in Water,” which included a discussion of the environmental and human health impacts of PFAS contaminated waters, as well as the best approaches to regulate, establish and enforce cleanups and safe drinking water standards. I was privileged to serve on this panel along with Chris Curran, Water Business Line PFAS Lead, AECOM; Rula Deeb, Ph.D., Senior Principal, Geosyntec Consultants; and Jonathan Kalmuss-Katz, Staff Attorney, Earthjustice. Some of the main take-aways from our presentation included ...
Please join me on May 5, 2020, when I will participate in a webinar panel discussion, "PFAS in Water," hosted by the Environmental Law Institute (ELI). As the second presentation during the ELI Master Class, PFAS: From Common Use to Concern, our panel will dive into the environmental and human health impacts of PFAS contaminated waters. We will also tackle the best approaches to regulate, establish and enforce cleanups and safe drinking water standards. Additionally, our group of experienced water sector practitioners will explore the federal and regional regulatory ...
Last week, the U.S. Supreme Court issued a long-awaited decision in County of Maui v. Hawaii Wildlife Fund et al., 590 U.S. __ (2020), in which it determined that the Clean Water Act (CWA) requirements for a National Pollutant Discharge Elimination System (NPDES) permit for point source discharges of pollutants do apply in certain circumstances to effluent that reaches waters of the United States via groundwater. But under what circumstances? Plaintiff environmental groups argued for the Ninth Circuit’s decision that CWA permitting requirements apply when effluent in a ...
On March 26, 2020, EPA announced a temporary enforcement discretion policy to excuse violations of environmental laws in specified circumstances during the coronavirus pandemic. EPA has stated that as of Friday, April 3, it has not issued any waivers for "essential critical infrastructure" that cannot comply with environmental enforcement during the novel coronavirus pandemic. More information on what could be considered “critical infrastructure” during the pandemic is available here. Nossaman continues to follow developments regarding EPA’s ...
On March 12, 2020, Jeffrey Bossert Clark, the Assistant Attorney General in charge of the Environment & Natural Resources Division of the U.S. Department of Justice (“DOJ-ENRD”) issued a policy memorandum formally ending the use of Supplemental Environmental Projects (“SEPs”) in civil settlement agreements negotiated by DOJ-ENRD. SEPs are an enforcement mechanism that have been used by EPA and DOJ-ENRD to allow settling parties to agree to perform environmentally beneficial projects in exchange for lowered or even waived monetary penalties. Typically, SEPs are ...
The California State Water Resources Control Board (“State Water Board”) recently issued a draft Definition of Microplastics in Drinking Water and an accompanying staff report. The State Water Board will host a video/teleconference workshop on the draft definition on April 7, 2020 and written comments will be accepted until April 24, 2020. Here is the draft definition ...
California Water Views provides timely and insightful updates on the water sector in the state. We relay information on how water legislation and policy from the nation’s capital, Sacramento, and around the U.S. affect California’s water utilities, agencies, practitioners, and consumers. We also write about important events, conferences, legal cases, and other key happenings involving all things water in and around California.
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