Legal

Illinois governor signs bill implementing two-year pause on CO2 pipeline construction

Governor JB Pritzker has signed the SAFE CCS Act, establishing new safety standards for carbon capture in Illinois and implementing a two-year pause on CO2 pipeline construction.

Settlement reached in $312 million AFFF contamination case for public water systems

Angeion Group announced a settlement with BASF Corporation in a class action lawsuit involving all active public water systems in the United States with impacted water sources as of May 15, 2024.

Golden State Water and Cal Advocates reach $573 million settlement for rate case

American States Water Company's subsidiary, Golden State Water Company, has reached a settlement with the Public Advocates Office (Cal Advocates) concerning its water utility rate case.

Energy Transfer barred from blocking Williams’ natural gas pipeline, Louisianna judge rules

The ruling supports Williams' Louisiana Energy Gateway project, aimed at transporting gas from the Haynesville shale basin to the Gulf Coast. Energy Transfer, which is expanding its Gulf Run system, can still block Williams from using the open-cut method for pipeline installation.

MidAmerican, Mediacom, CenturyLink fined for violating Iowa’s underground infrastructure locating law

In May 2021, the State issued warning letters to MidAmerican, Mediacom, and CenturyLink regarding their companies’ failures to adequately address untimely and inaccurate locating of their underground facilities.

Tyco Fire Products to pay $750 million in proposed PFAS settlement impacting public water systems

Tyco Fire Products LP has agreed to a $750 million settlement in a class action lawsuit overseen by Angeion Group, addressing claims related to Aqueous Film-Forming Foams (AFFF) impacting public water systems across the United States.

Judge blocks Department of Labor's expanded Davis-Bacon rule

(UI) — A federal judge has blocked the Department of Labor's new rule expanding the Davis-Bacon Act, siding with the Associated General Contractors of America in their lawsuit.

U.S. Supreme Court rejects proposed Rio Grande water rights settlement

The U.S. Supreme Court rejected a proposed settlement among Texas, New Mexico, and Colorado regarding the division of Rio Grande River water. In a 5-4 decision, the court found the settlement insufficient because it overlooked federal government interests.

Michigan, Enbridge to battle over Line 5 oil pipeline in state court

The 6th U.S. Circuit Court of Appeals found that Enbridge waited too long to attempt to move Attorney General Dana Nessel's 2019 lawsuit to federal court. The decision reverses a prior ruling that had favored Enbridge.

Water utility trade groups to take legal action over EPA’s PFAS rule

American Water Works Association (AWWA) CEO David LaFrance and Association of Metropolitan Water Agencies (AMWA) CEO Tom Dobbins released a statement regarding legal action related to EPA’s final National Primary Drinking Water Regulation (NPDWR) for six per- and polyfluoroalkyl substances (PFAS).

Oregon utility regulator rejects PacifiCorp’s bid to limit wildfire liability in lawsuits

Oregon utility regulators have rejected a request from PacifiCorp that sought to limit its liability in wildfire lawsuits. Under the proposal, PacifiCorp would only have been responsible for paying out actual economic damages in lawsuit awards.

Federal government sues San Francisco over unauthorized stormwater, sewer system discharges

According to the federal complaint, San Francisco’s sewer system discharges of billions of gallons of combined sewage each year onto the beaches of San Francisco and into San Francisco Bay and its tributaries.

New National Security Memorandum aims to safeguard water infrastructure

(UI) — Recent cyber-attacks on water systems have underscored the urgent need for coordinated action to protect public health and the environment.

Tyler City Council updated on sewer system rehabilitations under Consent Decree

The City Council of Tyler, Texas, recently received a comprehensive update from Pipeline Analysis LLC regarding the ongoing and future rehabilitation plans for the city's sewer system as mandated by the Consent Decree.

Interior Department launches collaborative initiative to boost tribal water, sanitation infrastructure

The Department of the Interior's Bureau of Reclamation and Indian Health Service unveiled a collaborative initiative aimed at bolstering safe drinking water and community sanitation infrastructure projects across Indian Country.

East Bay cities, municipal utility for violating 2014 Clean Water Act settlement with sewer overflows

The U.S. Environmental Protection Agency (EPA) and the San Francisco Bay Regional Water Quality Control Board announced that the East Bay Municipal Utility District (EBMUD) and six East Bay cities will be assessed $372,876 in penalties for violating settlement terms designed to prevent untreated sewage from entering San Francisco Bay.

Charleston Water System settles huge lawsuit over sewer system damage caused by non-flushable wipes

CWS brought suit in January 2021 against major U.S. companies seeking injunctive relief to remedy costly and ongoing damage to sewer systems and treatment facilities due in significant part to the inability of allegedly “flushable” wipes to break down, often clogging wastewater infrastructure and causing sewer overflows that damage the environment.

U.S. DOJ urges appeals court to reconsider forcing Enbridge to drain parts of Line 5 oil pipeline

In a public court filing, the U.S. Department of Justice (DOJ) asserted to the 7th U.S. Circuit Court of Appeals that draining parts of the Line 5 oil pipeline could violate a 1977 treaty that keeps oil flowing between the U.S. and Canada.

House passes Rep. Duarte's legislation to streamline water permitting processes in the Valley

The legislation addresses existing ambiguities in NPDES permits, which have been susceptible to legal challenges, potentially stalling vital energy and infrastructure projects.

Charleston Water System faces lawsuit over “significant” sanitary sewer overflows

Since 2015, Charleston Water has had at least 176 illegal sewer overflows, many of which spilled raw sewage into Charleston’s waterways including the Ashley and Cooper Rivers and James Island Creek.

Lowell, Mass., to invest $195 million in sewer upgrades in settlement over water pollution

Lowell, Mass., has settled with the EPA and Massachusetts, agreeing to invest $195 million in sewer upgrades to reduce sewage discharges into the Merrimack River.

Court approves “historic” $1.18 billion settlement with Dupont over PFAS water contamination

The settlements encompass public water systems that have identified PFAS detections in their drinking water sources, along with systems mandated to undergo PFAS contamination testing.

13 states call on EPA to strengthen lead pipe removal proposal

Last year, the U.S. Environmental Protection Agency recommended that all lead water pipes in the nation be replaced in a decade to mitigate health risks associated with lead exposure. Now, 13 lawyers from various states have called on the EPA to strengthen that proposal.

Swinerton Builders penalized for Clean Water Act stormwater violations

A complaint filed with the settlement alleges that during its construction of solar farms near American Falls, Idaho, Lafayette, Alabama, and Perry and White Counties, Illinois, Swinerton failed to use proper stormwater controls, did not conduct regular site inspections by qualified personnel and did not accurately report and address stormwater issues.

EPA, Navajo Tribal Utility agree to $100M wastewater treatment, sewer piping plan

NTUA violated its Clean Water Act permits by regularly discharging wastewater that had not been treated to the required permit standards, and by failing to properly operate and maintain the facilities’ sewer systems to prevent sewage spills.

Missouri couple facing charges after audit uncovers theft from Bootheel sewer district

A husband and wife duo are each facing two dozen counts of felony stealing after a state audit found they tapped a small-town sewer district for more than $160,000 in personal proceeds.

Judge dismisses criminal charges against Former Michigan governor in Flint water scandal

Flint’s water became tainted with lead after city managers appointed by Snyder began using the Flint River in 2014 to save money while a new pipeline to Lake Huron was built.

Salem and Manville voters approve selling water, sewer systems to New Jersey American Water

(UI) — Voters in Salem City and the Borough of Manville have decisively approved ballot referendums to transfer water and sewer operations ownership to New Jersey American Water.

World’s largest poultry producer ask judge to dismiss Oklahoma watershed pollution ruling

Frizzell ruled in January that the companies were responsible for pollution of the Illinois River Watershed by disposing of chicken litter, or manure, that leached into the river.

California steps in to regulate over-drafted groundwater resources

The state’s water resources board set an April hearing to determine whether the Tulare Lake Subbasin in the heart of California’s farm country should be placed on probation.