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December 3, 2018

Company pleads guilty to failing to properly supervise Clean Water Act discharge monitoring and reporting . . .

We are likely to see an increase in these types of criminal negligence prosecutions by DOJ/EPA, involving companies who fail to provide sufficient oversight over employees who collect, monitor and report environmental quality reports to the state regulatory agency or to EPA.   The company in the present case admitted to failing to meaningfully supervise the […]
July 18, 2018

GAO issues new report – millions of school children at risk for harmful lead levels in drinking water . . .

According to the GAO report, Nationwide, school districts vary in terms of whether they have tested for lead in school drinking water, with many not testing. According to our survey of school districts, an estimated 43 percent tested for lead in school drinking water in at least one school in the last 12 months, while […]
February 26, 2018

Let the US EPA Coal Ash Rule Procedures Work

Let the US EPA coal ash rule procedures work Environmentalists are raising concerns about risks to groundwater from coal ash, making this an opportune time to clarify EPA’s 2015 coal combustion residual rule, attorney Brent Fewell writes. AUTHOR, Brent Fewell Republished from Utility Dive,  Feb. 26, 2018 In recent weeks, environmental activists have begun to […]
February 19, 2018

EPA Seeks Public Comment on Extension of CWA Permits to Groundwater

EPA mulls regs for aquifer-to-surface contamination Ariel Wittenberg, E&E News reporter Published: Monday, February 19, 2018 U.S. EPA is considering whether it should regulate water pollution that travels through groundwater to surface water. Wisconsin Department of Natural Resources U.S. EPA is asking the public to weigh in on whether it should require permits for pollution that […]
January 4, 2018

Ethics (wake up!)

Ethics (wake up!) Republished from ABA Trends, Section of Environment, Energy and Resources Newsletter – Vol. 49 No. 3 Mary Ellen Ternes Mary Ellen Ternes is a partner with Earth & Water Law, LLC. She is a past chair of the ABA Section of Environment, Energy, and Resources’ Ethics Committee and moderated the 25th Fall Conference’s ethics panel. […]
October 16, 2017

EPA Administrator Pruitt Moves to Curtail Sue-and-Settle

EPA’s Administrator, Scott Pruitt, today took additional measures to reduce the number of “sue and settle” types of litigation filed by third parties against the Agency.  The practice of sue and settle has been criticized by such groups like the U.S. Chamber of Commerce which has characterized the practice as  [W]hen a federal agency agrees […]
July 28, 2017

Bipartisan Efforts to Help Struggling Water Systems

Great bipartisan showing this week in the House Energy & Commerce Committee to provide much needed assistance to communities struggling to maintain safe and affordable drinking water systems.  Kudus to Chairman Walden and Ranking Member Pallone, as well as subcommittee Chair, Rep. Shimkus, and Ranking Member, Rep. Tonko, and their personal and committee staff for […]
July 6, 2017

Trump EPA Favors Corn Farmers in Proposed Biofuels Quotas

This latest decision from the EPA on renewable fuel targets may have been designed to “split the difference” but is sure to leave many elements in the business unhappy.  At the same time, the agency is still  weighing a change in the point of obligation (i.e. who is ultimately responsible for purchasing the 15 billion plus gallons […]
June 28, 2017

EPA Introduces the Trump Political Team

EPA’s leadership this week introduced the Trump political team in an email from Chief of Staff, Ryan Jackson. *** From: Message from the Chief of Staff Sent: Tuesday, June 27, 2017 12:07 PM To: Message from the Chief of Staff <messagefromthechiefofstaff@epa.gov> Subject: Introducing EPA Political Appointees Dear Colleagues, Last weekend marked the 120th day since […]
June 14, 2017

Federal Funding Options for Clean Water

We’re linking below two helpful EPA resources for those who have questions about eligibility for federal Clean Water State Revolving Funds or may be looking to upgrade a wastewater treatment plant or finance innovative nonpoint source pollution projects. These recent EPA guidance documents provide details on a host of financing options, including SRF direct loans, […]