Posts in Clean Up of Groundwater & Contaminated Media.
PFAS: Updates on the Regulatory Landscape

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...

WOTS Next? An Update on the Clean Water Act and Regulation of Waters of the State & Waters of the U.S.

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 ...

Developments in Regulating PFAS in Water

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 ...

UPCOMING WEBINAR: PFAS in Water

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 ...

Middle Ground, or Muddy Waters? SCOTUS Issues Vague Rule in Clean Water Act Decision

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 ...

EPA Announces Temporary Policy Suspending Enforcement of Certain Environmental Compliance Obligations During Coronavirus Pandemic

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 ...

DOJ-ENRD Issues Policy Memorandum Ending Use of SEPs in Environmental Settlements

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 ...

Water Board Issues Draft Definition of Microplastics in Drinking Water

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 ...

EPA Takes Key Step Toward Regulation of PFAS
On March 10, 2020, the US Environmental Protection Agency (EPA) published its proposed Preliminary Regulatory Determinations for perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) in drinking water, thereby taking the initial steps to formally regulate two of the most common chemicals in the family of compounds known as per- and polyfluoroalkyl substances (PFAS) in drinking water. EPA will seek comment on these preliminary determinations until May 11, 2020.
 
This announcement represents EPA’s preliminary determination that PFOA and PFOS meet the statutory criteria for regulation ...

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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