LATEST INSIGHTS

Clean Water Act / EPA / Wastewater / Water Contamination
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EPA Taps Public for Comment on Water Reuse Plans

Water scarcity is a growing concern for the EPA, as discussed in depth in its National Water Reuse Action Plan issued this week.

The plan outlines ways that the EPA can work with state and local governments to promote water reuse and support research into new technologies. Due to various pressures, 80 percent of U.S. states anticipate water shortages in some parts of their states in the next decade. Over the past several decades, agriculture, industry, and communities have faced water crises and responded through …

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General
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Navigating Landowners through the Brownfields

The EPA recently updated its vintage standard guidance on CERCLA’s landowner defenses. This was the first update since 2003. The update was explained as an effort to provide clarity.

Historically, under CERCLA, the owner or operator of a contaminated property could be held strictly, jointly, severally and even retroactively liable for releases of hazardous substances. The three statutory liability defenses available under the 2002 Brownfields Amendments to CERCLA provide important liability limitations for landowners who qualify as:

1. Bona fide prospective purchasers (BFPPs)

2. Contiguous …

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Florida / General / Litigation
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Florida Appellate Court Finds That State Laws Preempt City-Enacted Anti-Styrofoam Ban

Florida’s Third District Court of Appeal recently struck down a 2016 Coral Gables’ law that prohibited the sale and use of food-related polystyrene containers (i.e., Styrofoam) by food service providers and stores. This decision reverses a trial court decision granting a motion for summary judgment in favor of the city and finding that the three state laws in question were unconstitutional.

In its decision, written by Judge Norma S. Lindsey, the Florida Third District Court of Appeal held that the ordinance was preempted by …

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Groundwater Monitoring / New York / Water Contamination
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New York Continues to Lead Nation in Regulation and Removal of 1,4-Dioxane

New York continues to strengthen its regulatory approach to 1,4-dioxane. Last month, the state Department of Health adopted the nation’s first maximum contaminant level (MCL) for 1,4-dioxane in drinking water, The regulation is working its way toward implementation and is now in the public comment period. Following assessment of public comments, the proposed regulation will either be revised or submitted for adoption by the Public Health and Health Planning Council. The regulation will then go into effect upon publication of a Notice of Adoption in the New …

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EPA / New Jersey
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SSRA 2.0: New Jersey Makes Changes to its Privatized Site Contamination Remediation Law

On Friday, August 23, 2019, Gov. Murphy signed into law an amendment to New Jersey’s 2009 Site Remediation Reform Act (SSRA)—a law that privatized many responsibilities previously handled by the New Jersey Department of Environmental Protection (NJDEP) concerning the remediation of contaminated sites. The SSRA created what is called the Licensed Site Remediation Professional (LSRP) program; LSRPs are experienced, private sector environmental professionals that are licensed by the state and hired by Responsible Parties (RPs) to direct and oversee environmental investigations and remedial action in …

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Clean Water Act / EPA
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Lead Alert: Unapproved Water Additive Leads to Lead Contamination in Chicago Suburb

Illinois has filed suit against a company that provides water to a Chicago suburb after it made changes to the chemical additives in the water supply without permission from state regulators. The suit goes on to allege that the change caused lead to contaminate the village’s drinking water.

The problems started in 2017 when Aqua Illinois switched the source of the village’s water from groundwater wells to the Kankakee River. The suit alleges a chemical added to the water system to address resident’s complaints about …

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Agriculture / Michigan / PFOA
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States Continue to Lead the Charge: Report Issued For First of its Kind Statewide PFAS Sampling of Drinking Water Supplies in Michigan

If you’ve been following PFAS-related news you’ll know that Michigan has been one of the hardest hit states when it comes to this emerging contaminant. The state is one of a handful in the nation to take the lead in attempting to set some of the nation’s toughest drinking water limits for per- and polyfluoroalkyl substances (PFAS). 

Earlier this year, a Michigan state sponsored scientific workgroup proposed new health threshold limits for various PFAS compounds as Michigan seeks to set some of the most stringent enforceable …

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Clean Water Act / EPA / New Jersey
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Newark Water Crisis Still an Issue as City Distributes Bottled Water to Residents

As previously addressed in the Environmental Law Monitor,  lead was found in Newark, New Jersey’s water supply. The city has now attempted to assuage fears by providing water filters to residents in affected areas. According to the EPA, that isn’t enough, and the city has begun offering water bottles to concerned residents after a sample demonstrated that filters are not sufficiently removing lead from drinking water.

On Friday, the EPA sent a letter to the city and state advising bottled water usage for residents …

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Pennsylvania / Regulations
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Pennsylvania Appellate Court Splits the Difference on Oil & Gas Regulations

As hydraulic fracturing continues to be a hot topic among Pennsylvania’s Appellate Courts, the Commonwealth Court (PA’s intermediary appellate division), recently released an opinion addressing a multitude of state-level regulations concerning oil and gas operations, helping to define the rules by which drillers must abide within the state.

At issue in Marcellus Shale Coalition v. Department of Environmental Protection of the Commonwealth of Pennsylvania, were several provisions within Chapter 78(a) of the Pennsylvania Code, which governs unconventional oil and gas well operations. Roughly three years …

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Michigan
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Employing New Technology to Clean Up an Old Site

Cleanup work has resumed at a former chemical plant in central Michigan that’s become one of the country’s costliest Superfund sites. However, these efforts come with a new twist. The EPA plans to test a new method to remove soil contaminants in floodplains downstream from a former chemical plant in central Michigan with hopes that it could save millions of dollars on the costs of this ongoing cleanup.

Velsicol Chemical Corp. (formerly Michigan Chemical Corp.) produced various chemical compounds and products at the subject site …

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