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Feb 27, 2019

New Rules on Lead Drinking Water Standards Delayed

Lead Pipes and Drinking Water

The US EPA announced on February 25, that new drinking water regulations aimed at eliminating lead in water supplies have been returned to the US EPA’s staffers for revision. The announcement marks the eighth time that the EPA’s self-imposed deadline for revising the water quality standards has been delayed. Attempts to revise the standard began during the Obama administration, but it faced the major obstacle of how to require utilities to replace their lead pipes without imposing a massive unfunded mandate on these utilities. The EPA estimates that the cost to replace the public water supply pipes could cost between… Read more


Mar 23, 2015

Federal Court Rules That CERCLA Prevents Federal Nuisance Claims for Hazardous Materials Contamination

Following the reasoning of the Supreme Court in Connecticut v. American Electric Power Co., Inc. (AEP), 546 U.S. ___ (No. 10-174, S. Ct. 2011), the U.S. District Court for the Eastern District of Washington ruled in January that federal common law nuisance claims filed by Washington residents living downstream and downwind of a Canadian metal smelter and fertilizer manufacturing facility must be dismissed, because CERCLA displaces the federal common law of nuisance. Barbara Anderson, et al. v. Teck Metals, 2015 BL 1624 (E.D. Wash. No. 13-CV-420, 1/5/15). Former and current residents of Northport, Washington filed a class action alleging that air… Read more


Sep 16, 2013

EPA Proposes Alternative Approach for Greenhouse Gas Emission Reporting for 24 Industries

On September 3, the EPA released a proposed rule which would require the use of an electronic verification tool by companies in 24 industry classifications to report emissions of greenhouse gas.  The purpose of the proposed rule is to allow those industries to protect sensitive information that it considers confidential business information.  The tool will be used to verify any inputs into emissions equations data that are deemed as sensitive business information without disclosing that data to the public.  Companies require the new tool to begin reporting their emissions inputs data beginning March 31, 2015.  EPA’s proposed rule would apply… Read more