On December 23, 2021, New York Gov. Kathy Hochul signed a new amendment to the public health law that will create New York’s first emerging contaminants list, and expand the number of chemicals to be included—many of which are per- and polyfluorinated substances (PFAS). Some say this new law establishes New York as perhaps the strictest jurisdiction in the U.S. with respect to testing drinking water for PFAS. Under the new legislation, titled “An act to amend the public health law, in relation to establishing …Continue Reading
On December 3, 2020, a study authored by a team of researchers from the University of Washington was published in the journal Science, linking a transformation product from a common tire additive to the death of Coho salmon in the Puget Sound. Researchers had observed acute mortality in Coho salmon in the area for decades, and while the mortality had been previously linked to storm water, and then later to tires generally, the exact causal toxicant was unknown until now.
6PPD, one of several …Continue Reading
Illinois’ highest state court in Gordon Berry, et al, v. The City of Chicago has rejected a proposed class action that threatened to overwhelm Chicago with claims over elevated lead contamination risk from its old lead water lines. On September 24, 2020, the Illinois Supreme Court overturned the ruling of a state appeals court, ruling a Circuit Court of Cook County judge was correct in finding Chicago homeowners needed to do more than simply claim the lead in their water was dangerous in order to …Continue Reading
On October 2, 2020, Massachusetts became the latest state or commonwealth to promulgate stricter water quality regulations for per- and polyfluoroalkyl substances (PFAS). The Massachusetts Department of Environmental Protection issued a new standard of 20 parts per trillion (ppt), which is more than three times lower than the present federal standard of 70 ppt (i.e., for the sum of PFOA and PFOS). MA’s new standard is more expansive as it covers the sum of six PFAS chemicals: the well-known PFOA and PFOS, and …Continue Reading
On July 30, 2020, New York’s Public Health and Health Planning Council voted in support of maximum contaminant levels (MCLs) for PFOA and PFOS—the two most well-known per- and polyfluoroalkyl substances (PFAS). The Council voted to set the MCLs for both chemicals at 10 parts per trillion—among the lowest levels adopted by any state, and significantly lower than the U.S. EPA’s current guidance levels of 70 ppt.
Another chemical—1, 4-Dioxane—also has an MCL of 1 part per billion now. New York announced that this regulation …Continue Reading
In March 2019, we posted about the strategy behind the Long Island water districts’ 1,4-dioxane litigations against major manufacturers—and then in October 2019, we followed that post with another report on the increasing number of those suits , which became the subject of a 12(b)(6) motion to dismiss. These suits filed by public water suppliers seek to recover costs against major manufacturers and promoters of the chemical for the design, construction, installation, operation, and maintenance of water treatment facilities and equipment required to remove …Continue Reading
On May 14, 2020, the EPA indicated it will not be imposing any limits on perchlorate, a chemical compound the EPA previously characterized as “a persistent contaminant of concern.” Perchlorate can be man-made or it can form naturally in the atmosphere in arid states in the Southwest U.S., in large deposits of sodium nitrate fertilizer in Chili, and in potash ore in the Northwest and Canada. Manufactured perchlorate is used in rocket propellant, munitions, explosives, fireworks, road flares, and in food containers and equipment that …Continue Reading
As many readers are aware, harmful algal blooms, or HABs, have presented significant concerns for many states with lake regions and communities. HABs occur when algae grows out of control in an area, resultantly producing toxic or harmful effects on people, fish, marine mammals, and birds. There are a variety of HAB types, as they can be caused by a variety of algal groups with different chemical toxin compositions. The human illnesses caused by HABs, though rare, can be debilitating or even fatal. As a …Continue Reading
As the nation continues to navigate its way through the Coronavirus Disease (COVID-19) pandemic, we wanted to pass along some updated information from the Centers for Disease Control and Prevention (CDC) and the U.S. Environmental Protection Agency (U.S. EPA). Our blog post from March 19, 2020, remains a good primer on COVID-19 and drinking water, but there are a few updates to provide amid what appears to be an uptick in speculation about the transmission of the virus in sewage.
Two researchers at the …Continue Reading
It would be hard to imagine there is anyone in the country who is unaffected, let alone unaware, of the dramatic steps imposed by federal, state, and local governments to slow the spread of the COVID-19 virus. However, government restrictions prohibiting the operation of many “non-essential” businesses, bans against large gatherings, “stay at home orders,” and mandatory remote employment have a major impact beyond the obvious immediate economic hardships. They also have caused thousands of buildings and facilities to remain unoccupied or at best occupied …Continue Reading