EPA Announces Regional WOTUS Roundtables

On February 24, 2022, the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced the list of organizers selected for regional roundtables concerning the agencies’ rulemaking proceeding regarding the definition of the “waters of the United States” (WOTUS) under the Clean Water Act.  More information is available on the EPA's website. ...

California Adopts First-in-the-Nation Microplastics Reduction Strategy

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 ...

Nossaman’s Water Law Group Dives into 2022 With Exciting New Developments!

As our Water Law Group continues to grow and provide expanded service and engagement opportunities for our clients, we are pleased to announce several recent developments within the group.

First, Alfred Smith, chair of Nossaman’s Water Law Group, was recently appointed to the board of the Water Education Foundation. Founded in 1977, the Foundation is a leading producer of news, maps, publications, workshops, tours and leadership programs to raise awareness of water issues in California and across the Colorado River Basin. In its press release, the Foundation noted that the new ...

Critical Infrastructure Facing Multiple, Immediate Threats

According to a January 27, 2022 statement from the White House:

"Today, the Biden-Harris Administration announced it will extend the Industrial Control Systems (ICS) Cybersecurity Initiative to the water sector. The Water Sector Action plan outlines surge actions that will take place over the next 100 days to improve the cybersecurity of the sector."

The nation’s critical infrastructure is facing both physical and cyber threats from domestic and foreign actors. An alarming combination of domestic extremists, white supremacists and aggressive misinformation and ...

EPA Announces Unregulated Contaminant Monitoring Rule 5 Final Rule Webinars

The Environmental Protection Agency (EPA) has announced two public meetings via webinar to cover a comprehensive overview of its most recent Unregulated Contaminant Monitoring Rule ("UCMR"), UCMR 5. The two meetings will be held on March 16th from 9:00 am - 12:00 pm and March 17th from 1:00 pm - 4:30 pm (eastern time). The meetings will be identical, and EPA has posted links to sign up for either of the webinars on its website. The webinars are currently first-come, first-served, and sign-up space for them is limited. EPA has stated that it may schedule additional webinars if there is ...

The Next Chapter of the WOTUS Saga is Here

On November 18, 2021, the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced the availability of a pre-publication version of a proposed rule (Proposed Rule) to amend the definition of Waters of the United States (WOTUS). This much anticipated rulemaking is the latest attempt by the agencies to provide regulatory clarity on what water features are subject to the protections of the Clean Water Act.

The agencies did not announce a date for official Federal Register publication, but once published, the Proposed Rule will have a 60-day comment period ...

WEBINAR: Turning the Tide on Cybersecurity for the Water Sector

Cyberattacks on organizations worldwide surged 40% in 2021. September 2021 broke records for the number of weekly cyberattacks, topping all other months since January 2020. Currently, one out of every 61 organizations worldwide is impacted by ransomware attacks every week. Given this ever-increasing threat level, a national law requiring critical infrastructure organizations to report cybersecurity incidents to the Cybersecurity and Infrastructure Security Agency (CISA) is on the horizon. In addition, the Biden administration’s proposed infrastructure bill ...

Biden-Harris Administration Announces Updated Plan to Address PFAS Chemicals

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 ...

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Happy Water Professionals Appreciation Week!

During this 4th annual Water Professionals Appreciation Week, Nossaman would like to acknowledge all of California’s essential water sector professionals. Not just this week, but every week of the year, they work on the front lines to provide this essential resource to all of our communities and serve as stewards for the environment.

Water Professionals Appreciation Week was created in 2017 to highlight the important role of water industry professionals and local public water agencies in ensuring safe and reliable tap water, wastewater and recycled water for California. Now ...

WOTUS No More: EPA and Corps Revert to Pre-2015 Framework

On September 3, 2021, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) announced the agencies will abandon the definition of Waters of the United States (WOTUS) set forth in the April 21, 2020 Navigable Waters Protection Rule (NWPR) and will instead rely on the pre-2015 regulatory framework. The agencies’ announcement comes on the heels of a decision from the U.S. District Court for the District of Arizona vacating the NWPR. …

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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