E&W Blog

January 18, 2017

Significant Development – Federal Court Affirms EPA Water Transfer Rule

With the backdrop of today’s confirmation hearing of Scott Pruitt, Trump’s nominee for the  U.S. EPA, the 2nd Circuit Court of Appeals rendered a decision today affirming EPA’s long-standing water transfer rule that exempts water transfer from the Clean Water Act permitting program.  The case originates from a citizen suit action against the City of […]
January 17, 2017

TNC Releases New Report on Values of Source Water Protection

Linking to a new report by The Nature Conservancy that reinforces the economic, environmental, and community benefits of source water protection, Beyond the Source. According to TNC This report was developed in partnership with the Natural Capital Project, Forest Trends, the Inter-American Development Bank and the Latin American Water Funds Partnership, and wouldn’t have been […]
January 10, 2017

EPA Launches New Program to Fund Water Infrastructure

EPA today announces that WIFIA is open for business. Below is an email from Andrew Sawyers of EPA with relevant links.  Importantly, WIFIA provides up to $1B in credit assistance. Dear Colleagues,  Today, I am very excited to share that EPA announced the availability of approximately $1.0 billion in credit assistance for water infrastructure projects […]
January 10, 2017

Earth & Water Mentioned in The Washington Lawyer

Sarah Kellogg of The Washington Lawyer pens a piece on the benefits – both to a client and lawyer’s quality of life – of virtual law firms, and Earth & Water Group is mentioned. [T]he adoption of virtual practices, albeit slow, has ensured that both firms and lawyers can address billing rate pressures, reduce costs […]
January 4, 2017

EPA Seeks Nominations for New Members of the Environmental Financial Advisory Board

The U.S. EPA is soliciting new members to its Environmental Financial Advisory Board (EFAB), which is a long-standing federal advisory committee that is charged with providing critical analysis and input to EPA’s administrator.   EFAB’s efforts will be will be particularly critical to the incoming Administration as it seeks to change business as usual. Nominations […]
January 2, 2017

Community Wins $22M Against Shell Oil for Contaminated Water Supply

A jury awarded $22M to a community near Fresno, California for a chemical contaminant found in its public drinking water wells.  The contaminant, known as TCP (1,2,3-trichloropropane), was an impurity found in a soil fumigant manufactured by Shell used to control soil nematodes.  The contamination effected water wells in an agricultural area serving 108,000 people […]
January 2, 2017

E&W's Michael Curley Has an Economical Solution for Replacing America's Lead Pipes

Flint Redux Reposted From The Huffington Post The people of Flint and the thousands of other cities who have water contaminated by lead are between a rock and a hard place. For some, there is the short-term solution of adding chemicals to the water that will retard the lead corrosion. But the long-term solution is […]
December 21, 2016

EPA Extends Comment Deadline on Key Renewable Fuel Standard Provision

In November, the EPA announced that it would deny a petition sought by refiners and importers of fuel to change the regulatory “point of obligation” within the RFS program.   In light of strong public interest, however, the agency announced that it will extend public comment an additional 30 days, through February 23, 2017.   […]
December 21, 2016

EPA Issues Interim Final Rule on Water Infrastructure Finance and Innovation Act (WIFIA)

Concurrent with Congress’ action to pass the Water Resources Development Act (WRDA) of 2016 (discussed here), which authorized $20M in funding for the Water Infrastructure Finance an Innovation Act (WIFIA) of 2014, EPA has issued an interim direct rule to implement WIFIA.  Congress authorized EPA to provide federal credit assistance through WIFIA in the form […]
December 20, 2016

Four More Criminally Charged in Flint Water Crisis, Including Flint's Public Utilities Director

Four more state and City employees were criminally indicted today in the ongoing criminal investigation into the Flint, Michigan drinking water crisis.  The fall-out will continue to reverberate across the country.  This from CNN: CNN Report Four officials in charge of Flint’s water, including two who reported directly to Governor Rick Snyder, have been named […]