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Brownstein Hyatt Farber Schreck, LLP
The Colorado Water Conservation Board (CWCB) recently released a draft updated Colorado Water Plan to be finalized in early 2023 (Draft Plan).
Gentry Locke
Per-and polyfluoroalkyl substances (collectively, "PFAS") are a group of nearly 5,000 human-made chemicals that are resistant to heat, water and oil. Due to these "resistance" properties, since the 1940s...
Ward and Smith, P.A.
President Joe Biden signed the historic Honoring Our Promise to Address Comprehensive Toxics (PACT) Act into law today.
Womble Bond Dickinson
De Vore talked about the status of PFAS regulations throughout the U.S., particularly at the state levels, and explains what a new Department of Defense memo could mean for utilities.
Nossaman LLP
A key priority of the Newsom Administration – the Delta Conveyance Project – has officially entered its next chapter. On July 22, the Department of Water Resources...
Womble Bond Dickinson
On October 18, 2021, EPA announced its PFAS Strategic Roadmap which outlines EPA's comprehensive agency wide approach for addressing PFAS.
Parsons Behle & Latimer
SECTION 404 OF THE federal Clean Water Act (CWA) governs, among other things, the discharge of fill material into waters of the United States (WOTUS).
Brownstein Hyatt Farber Schreck, LLP
Reflecting on the subject at hand, the well-known idiom considered a curse came to mind, "May she live in interesting times." Like it or not, and whether curse or blessing...
Ward and Smith, P.A.
The Honoring Our PACT Act of 2022, which includes the Camp Lejeune Justice Act, has gained bipartisan support in both the House and Senate, and President Biden has publicly stated...
Nexsen Pruet
A frequently noted adage in cases involving environmental citizen suits is that such actions are meant to "supplement, rather than supplant" governmental enforcement action.
Womble Bond Dickinson
Last week, we informed you about new federal efforts to measure and reduce PFAS contamination levels in drinking water. But there also are significant efforts to increase PFAS regulatory requirements...
Parsons Behle & Latimer
In February 2022, local water users reached agreement on the terms of an historic Lemhi River Basin Settlement agreement, which looks to resolve long-standing water use conflict in the basin.
Mintz
One of the most surprising comments I received on my piece last week about the United States Supreme Court getting out of the environmental law making business was that the Court's opinion...
Nossaman LLP
On July 1, 2022 a panel of the Ninth Circuit issued a superseding opinion in California River Watch v. City of Vacaville, Appeal No. 20-16605, withdrawing its previous opinion in the same case...
Nossaman LLP
On July 1, 2022, the United States Court of Appeals for the Ninth Circuit took the unusual step of reversing its previous decision in California River Watch v. City of Vacaville, No. 20-16605, 2022 WL 2381056 (9th Cir. July 1, 2022).
Mintz
Ducks Unlimited estimates that the United States has lost approximately 16.8 million acres of wetlands since the mid-1950s.
Hanson Bridgett LLP
The U.S. EPA proposed a new rule under the Clean Water Act reversing the Trump Administration's rule for water quality certifications under section 401 of the Act. Section 401 provides states and tribes with authority to protect waters within their jurisdiction from pollutant discharges originating from federally-licensed or -permitted projects.
Brownstein Hyatt Farber Schreck, LLP
More changes are ahead for entities seeking federal authorization for projects that may impact waters of the United States. On June 9, 2022, the Environmental Protection Agency ("EPA")...
Mintz
Lara Beaven of Inside EPA reports that the House Appropriations Committee intends to give EPA every dollar it has requested to implement its ambitious and wide-ranging plan for addressing the ubiquitous "forever" chemicals known collectively as PFAS.
Mintz
EPA has announced that the second part of its eighth attempt to define the reach of the Clean Water Act will be delayed until November of 2023.
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