E&W Blog

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 […]
June 27, 2018

Supreme Court Reverses Georgia’s Win in the 28-year ACF Water Disputes

On June 27, the U.S. Supreme Court reversed and remanded the Special Master decision finding in favor of Georgia in the Florida v. Georgia original jurisdiction litigation over the Apalachicola-Chattahoochee-Flint (ACF) river basin.  The Special Master had found that Florida failed to show harm and redressability.  The U.S. Supreme Court in a 5-4 decision remanded […]
June 19, 2018

White House signals significant changes to NEPA regulations . . .

The Trump White House has signaled its intent to begin rewriting regulations for the National Environmental Policy Act.  Although each federal agency has its own NEPA regulations, CEQ’s regulations serve as broad guidelines for the entire government. CEQ submitted an advanced notice of proposed rulemaking to the Federal Register on Friday, June 15, that reflects the direction of this […]
June 11, 2018

Federal court issues preliminary injunction to Obama WOTUS Rule . . .

A federal district court in Georgia has issued a preliminary injunction, staying the Obama Clean Streams Law, which sought to clarify the federal government’s jurisdiction of Waters of the U.S. under the Clean Water Act.  A number of States, including Georgia, West Virginia, Alabama, Florida, Kansas, Kentucky, South Carolina, Utah, and Wisconsin filed suit in […]
June 7, 2018

CSB releases final report on 2017 Arkema TX plant fire . . .

On May 24, 2018, the U.S. Chemical Safety and Hazard Investigation Board (CSB) released its final report regarding the Arkema Houston facility’s flooding, subsequent power loss, organic peroxide self-accelerating decomposition event and  fire, during Hurricane Harvey in August, 2017.  Note to Climate Change Adaptation professionals – this CSB final report articulates “adaptation” concepts for chemical […]
June 7, 2018

When habitat alteration can violate the Endangered Species Act – New USFWS Guidance

On April 26, the Fish and Wildlife Service (Service) issued new guidance on incidental take for habitat modification.   “Guidance on trigger for an incidental take permit under section 10(a)(1)(B) of the Endangered Species Act where occupied habitat or potentially occupied habitat is being modified,” USFWS April 26, 2018    Since the 1980s, regulations under the […]
May 24, 2018

Earth & Water Law Group Welcomes Craig Manson as Newest Partner

 For Immediate Release May 24, 2018 Contact:  Brent Fewell   202-664-9297 brent.fewell@earthandwatergroup.com Earth & Water Law Group Expands to West Coast Washington, D.C., May 24, 2018 – Earth & Water Law, LLC, part of the Earth & Water Law Group, announced today the expansion of its practice to the West Coast. Craig Manson, former California […]
May 23, 2018

EPA proposes 4-step plan to regulate PFOAs in drinking water . . .

Administrator Pruitt Kicks Off National Leadership Summit on PFAS Announces EPA’s four-step plan WASHINGTON – Today, U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt opened the National Leadership Summit on per- and polyfluoroalkyl substances (PFAS) by announcing concrete steps the Agency plans to take following the Summit: EPA’s Four-Step Action Plan: EPA will initiate steps to evaluate the need […]
May 22, 2018

Indianapolis Site Will Not Go on CERCLA National Priorities List Due to – Science!

On May 18, 2018, the D.C. Circuit Court of Appeals held that EPA had not adequately reviewed groundwater science and found EPA’s proposal to list the “West Vermont” site in Indianapolis arbitrary and capricious.  EPA will have to go back to the drawing board if it wants to list West Vermont on the National Priorities […]
May 20, 2018

EPA Proposes Changes to Risk Management Program . . .

Final Amendments to the Risk Management Program (RMP) Rule   Update On May 17, 2018, EPA’s Administrator signed a proposed rule requesting public comment on several proposed changes to the final RMP Amendments issued on January 13, 2017. For more information, please see: Proposed Risk Management Program (RMP) Reconsideration Rule. On June 9, 2017, the EPA […]