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Water

Environmentalists plan suit over PFAS from wastewater plants

The threatened suit highlights growing concern about potential exposures from PFAS in biosolids from wastewater treatment plants as well as about policy changes that may impose liability on plant operators.

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DOD Sets PFAS Screening Levels But Faulted For Preempting EPA

The Defense Department (DOD) has quietly issued guidance setting Superfund screening levels for three per- and polyfluoroalkyl substances (PFAS) in groundwater and other media, but the measure is drawing criticism from a former top EPA official who says it effectively preempts EPA’s pending groundwater cleanup guide for two of the substances and adopts much less stringent levels than those suggested by EPA if the chemicals are not comingled.

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Fearing Increases, DOD Seeks To Track Services’ PFAS Cleanup Costs

A top Defense Department (DOD) official is asking the military services to account for recent costs related to investigating and cleaning up per- and polyfluoroalkyl substances (PFAS), an effort that comes after officials acknowledged that their earlier estimates fell short.

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Court rejects EPA remand request in Alabama impaired waters case

A federal district court says “the equities weigh against” granting the agency’s request to remand part of its approval of Alabama’s impaired waters list, raising concerns about unnecessarily bifurcating the case.

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Landowners Resist Navy’s Bid To Dismiss Landmark PFAS Monitoring Suit

Pennsylvania residents are urging a federal district court to reject the Navy’s attempt to dismiss precedent-setting litigation seeking the military’s payment for medical monitoring to detect health issues that may develop after exposure to perfluorinated chemicals, saying the Navy cannot reargue issues already settled by an appeals court.

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As Defendants Brace For SEP Ban, Water Agencies Eye Legislative Fix

Lawyers representing municipal and industrial entities are bracing for the Justice Department (DOJ) to largely ban the use of supplemental environmental projects (SEPs) in enforcement settlements, with some municipal water agencies now turning to Congress to authorize the popular projects that defendants often seek in settlements to ease penalties.

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Municipal Water Attorney Sees ‘Silver Lining’ In DOJ’s Bar On SEPs

Even as municipal water agencies lobby Congress to reverse the Justice Department’s (DOJ) almost certain bar on supplemental environmental projects (SEPs), a lawyer who represents some municipal agencies says there is a “silver lining” in DOJ’s policy.

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EPA, environmentalists spar over Alabama impaired waters revision

EPA is asking a federal court to voluntarily remand its approval of Alabama’s decision to remove some stream segments from an impaired waters list while environmentalists insist a court vacatur must happen first.

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High Court Case May Fail To Answer CWA Groundwater Liability Question

Legal experts say it is uncertain whether the Supreme Court will issue a definitive ruling on when, if ever, a Clean Water Act (CWA) permit is needed for pollutants that travel from a point source through groundwater to surface water, due to the justices questions about pending related litigation and the possibility they may not be able to find a compromise that will win broad support.

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EPA Plan Limiting EAB Could Complicate Citizen Group Permit Appeals

EPA is proposing rule changes that would limit the role of the Environmental Appeals Board (EAB), its administrative permit review body, likely complicating citizen groups’ efforts to challenge permits, while providing a new way for the agency’s general counsel and administrator to weigh in on legal disputes.

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