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).
Latest from Reflections on Water
Plaintiffs and 3M Given August 28 Deadline to Respond to State AGs’ Opposition to $12.5B Settlement in the PFAS Multidistrict Litigation
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.
Five State AGs Write Amicus Letter Concerning Environmental Settlement
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
Coalition of 22 State AGs Oppose 3M’s $12.5 Billion PFAS Settlement
A bipartisan coalition of attorneys general (AGs) from 22 states is urging the federal district court in South Carolina to reject a proposed $12.5 billion settlement between 3M and a group of public water utilities, who are suing the company over alleged per- and polyfluoroalkyl substance (PFAS) contamination.
Will EPA Apply the New 401 Certification Rule Retroactively to Pending Requests?
A filing in a California federal court indicates that EPA is planning to apply its new Clean Water Act section 401 certification rule to all certification requests, including those that are currently pending and that were submitted in accordance with the 2020 Certification Rule. If EPA attempts to retroactively apply its new rule to pending
Tennessee AG Sues More Than 20 PFAS Manufacturers
Tennessee AG Jonathan Skrmetti is suing more than 20 per- and polyfluoroalkyl substance (PFAS) manufacturers, including 3M and DuPont, seeking injunctive and monetary relief under the state’s public nuisance and uniform fraudulent transfer laws.
Sackett v. EPA: A United (but Divided) Court Narrows CWA Scope
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:
Another EPA Proposal to Overhaul the Water Quality Standards Program
EPA has proposed to establish “baseline” water quality standards that would apply to all Indian reservation waters where the tribe has not received “treatment as a state” (TAS) authority, the state does not have authority, and the federal government has not already promulgated water quality standards. Under the proposal, tribes will have a limited opportunity
EPA Proposes Class VI Primacy Approval for Louisiana
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,
Biden’s WOTUS Rule Enjoined in 26 States
After the U.S. District Court for the District of North Dakota’s April 12 ruling, the majority of the United States can no longer implement or enforce the Biden administration’s definition of waters of the United States (WOTUS). This comes as a major blow to the administration that has repeatedly touted the so-called “durability