Lloyd Gosselink News

PFAS – A “Four-Letter Word” for Water and Wastewater Utilities?

by Sara R. Thornton If you follow developments in environmental regulation, you know a day rarely passes without some news story on the regulation of per- and poly-fluoroalkyl substances—or generally known as PFAS. To address growing concerns for PFAS contamination,… Read More

Water/Wastewater Permitting: Maximizing Value of TCEQ Pre-Application Meetings

by Nathan E. Vassar and Jessie M. Spears As many state and federal agencies are returning to practices and operations more akin to those experienced before March 2020, it is an optimal time to highlight one of the most important… Read More

Visualizing 2022: Perspectives on Water/Wastewater CCNs

by David J. Klein While the 2021 headlines focused on the Public Utility Commission’s (“PUC’s”) attention to electric issues in response to Winter Storm Uri, the reality is that PUC also dedicated significant time and efforts to addressing issues concerning… Read More

Supreme Court Issues Opinion regarding Discharge Permitting Scope

The U.S. Supreme Court creates new test in discharge permitting under Maui case, potentially impacting well-injection practices nationwide. • The Court overruled the 9th Circuit’s test of “fairly traceable,” but also poured out the Maui argument that contended no… Read More

The WOTUS Saga’s Next Chapter: The Navigable Waters Protection Rule

by Nathan Vassar and Lauren Thomas The early 2020 release of the pre-published version of the Navigable Water Protection Rule is the latest chapter in an ongoing regulatory tug-of-war over which waters are subject to federal oversight. This Administration’s repeal-and-replace… Read More

White House Seeks to Further Streamline Environmental Permits

In keeping with the Trump Administration’s efforts to streamline environmental permitting for large infrastructure projects, such as water supply reservoirs, roadways, and pipelines, the Council on Environmental Quality (“CEQ”) issued a pre-publication version of a rulemaking undertaking significant revisions to… Read More

City Shuts Down Site Threatening its Water Reservoir

City of Cleburne Reaches Settlement to Abate Violations of TCEQ Registration When TCEQ issued a domestic-septage registration to Harrington Environmental LLC—a company with a history of violating TCEQ regulations—allowing it to dispose of septage on land just upstream from its… Read More

USACE Issues New Regulatory Guidance on Compensatory Mitigation for the Removal of Obsolete Dams and Other Structures from Rivers and Streams

By Sara Thornton On September 25, 2018, the U.S. Army Corps of Engineers (USACE) issued Regulatory Guidance Letter (RGL) 18-01, “Determination of Compensatory Mitigation Credits for the Removal of Obsolete Dams and Other Structures from Rivers and Streams.”… Read More

Supreme Court Lets EPA’s 2008 Water Transfers Rule Stand

On February 26, 2018, the U.S. Supreme Court declined to take up a case challenging the Environmental Protection Agency’s (“EPA”) 2008 rule exempting water transfers from coverage under the Clean Water Act’s (“CWA’s”) National Pollutant Discharge Elimination System (“NPDES”) permitting… Read More

In the Courts – Water

by Maris Chambers Coachella Valley Water Dist. v. Agua Caliente Band of Cahuilla Indians, 849 F.3d 1262 (9th Cir. 2017), cert. denied 2017 WL 2909254 (U.S. Nov. 27, 2017) (No. 17-40) and 2017 WL 2909267 (U.S. Nov. 27, 2017)… Read More

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