Reflections on Water

Key developments in the fluid world of water law and policy

On July 25, Missouri, Arkansas, and Iowa (the states), along with intervenors American Water Works Association and National Rural Water Association (the water associations), petitioned the Eighth Circuit to review the U.S. Environmental Protection Agency’s (EPA) new rule requiring states to review and report cybersecurity threats to their public water systems (PWS).

Public water utilities and 3M have until August 28 to respond to the bipartisan coalition of 22 state attorneys general (AGs) that opposes their proposed $12.5 billion class action settlement over alleged per- and polyfluoroalkyl substance (PFAS) contamination and is seeking to intervene in their litigation.

On August 7, California Attorney General Rob Bonta led a coalition of five state attorneys general (AGs) in filing an amicus letter concerning a proposed class action settlement between DuPont, Chemours, and Corteva, and water providers for $1.185 billion. The AGs contend the settlement amount is far too low given the scope of environmental contamination

The U.S. Supreme Court just issued its long-awaited Sackett decision in which it significantly narrowed the scope of federal jurisdiction over “waters of the U.S.” under the Clean Water Act. Written by Justice Alito (with four other justices joining him), the decision contained three separate concurring opinions, with its operative holding as follows:

  • The CWA
  • With little fanfare, EPA has finally proposed to approve Louisiana’s Class VI underground injection control (UIC) well program. The proposal to approve Louisiana’s program comes nearly two years after the state submitted its package for consideration.

    The pre-publication version of EPA’s proposal walks through the agency’s process and substantive consideration of Louisiana’s statutes, regulations,