E&W Blog

February 12, 2018

Trump EPA Touts Enforcement as Key to Positive Health and Environmental Outcomes

The release of EPA’s fiscal year 2017 enforcement results give a picture of the enforcement priorities .  The results reflect four months of the Obama administration and eight months of the Trump administration, and the major cases that make up the results in terms of pollution impacts, fines, and injunctive relief were all either initiated or completed […]
February 8, 2018

New EPA Enforcement Guidance – “No Surprises” Approach with States

EPA’s Chief Enforcement Officer, Susan Bodine, has issued guidance on EPA and state coordination with a focus on cooperative federalism.  Interim OECA Guidance on Enhancing Regional-State Planning and Communication on Compliance Assurance Work in Authorized States, Jan. 22, 2018. Among other things, the guidance requires EPA Regional Offices to develop procedures to better communicate and […]
February 1, 2018

U.S. Water Alliance’s Big Idea #3 for Rebuilding Nation’s Water Infrastructure

As part of the U.S. Water Alliance’s 7 BIG Ideas for better managing water resources in the U.S., here is Big Idea 3.  (Reposted from U.S. Water Alliance).  CEO, Radhika Fox, and her team continue to promote common-sense solutions and reform to solve the Nation’s continuing water woes, including providing economic hope and support to […]
January 29, 2018

White House Floats Ideas for Streamlining Infrastructure Permitting

Another leaked White House document that portends legislative changes to NEPA regarding procedures to review environmental impacts and permit infrastructure projects. White-House-Draft-Plan-to-Streamline-Federal Permitting.  As with many policy proposals in Washington, it’s not unusual for these types of documents to be leaked on purpose, to guage public reaction.   As once told, “leaking is a way of life […]
January 23, 2018

Glimpse into Trump’s Infrastructure Package . . . and Implications for Water

As we await a rollout of the Administration’s infrastructure package, there are a few clues as to what we can expect based on a leaked 6-page summary document found here.
January 19, 2018

Wastewater Operations – Representative Means Representative

An important reminder to all companies with environmental compliance obligations, including collecting and reporting sample results to a regulatory agency.   Most Clean Water Act wastewater permits include a provision that requires the permittee to collect and report data on “representative samples” to determine compliance with the permit effluent limits.   This applies to discharges that go […]
January 12, 2018

SCOTUS to Decide Florida-Georgia Water Wars

On January 8, the United States Supreme Court heard oral argument in a dispute that began 29 years ago.  After a decision in the 11th Circuit Court of Appeals addressing operation of the Corps of Engineers five large reservoirs on the Apalachicola-Chattahoochee-Flint (ACF), in November 2014 Florida sued Georgia asking the Court to apportion water […]
January 11, 2018

Earth & Water Law Group Expands to Southeast – Opens Atlanta Office

Ex-EPA officials grow firm, open Atlanta office Kevin Bogardus, E&E News reporter Published: Wednesday, January 10, 2018 The Earth & Water Law Group continues to expand and has now opened a branch in the Southeast. The law and consulting firm, staffed by several former U.S. EPA officials, announced yesterday it had opened an Atlanta office. […]
January 8, 2018

Collaboration With Farmers Key to Source Water Protection

Congress has a unique opportunity this year to encourage and incentivize collaborative efforts between water utilities and upstream farmers.  Reposting below a great article by David LaFrance, CEO of the American Water Works Association. Reposted from Journal AWWA Jan. 2018 Open Channel DAVID B. LaFRANCE, CHIEF EXECUTIVE OFFICER When we sit down for dinner each […]
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. […]