The Tide

Short alerts designed to keep legal and water sector professionals up-to-date on important developments

President Biden recently signed the Flood Level, Observation, Operations, and Decision Support Act (FLOODS Act), codifying an important leadership and management tool that helped modernize federal water policy in the United States. In 2018 a “federal water sub-cabinet” was informally established to coordinate water policy across the major federal agencies responsible for developing, managing,

The New Jersey Department of Environmental Protection posted interim soil remediation standards for several per- and polyfluoroalkyl substances (collectively PFAS) to include perfluoro nonanoic acid (PFNA), perfluorooctanoic acid (PFOA), perfluoro octane sulfonate (PFOS), and hexafluoropropylene oxide dimer acid and its ammonium salt (GenX). Posted in the October 17 NJ Register, the interim standards pertain

Today, the U.S. Environmental Protection Agency (EPA) announced that Administrator Regan signed a proposed rule to designate two of the most widely studied per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The proposed designation for PFOA and PFOS, if and when finalized, would provide EPA

EPA released a pre-publication version of its proposal to re-write the Clean Water Act 401 Certification Rule. The proposed re-write comes after the Northern District of California vacated EPA’s 2020 Certification Rule, which the U.S. Supreme Court later reinstated. The proposal also includes conforming amendments to EPA’s certification regulations for the Section 402 NPDES

The U.S. Environmental Protection Agency (EPA) this week added five PFAS chemicals for a total of six PFAS chemicals to a list of risk-based values. EPA uses these values to determine if response or remediation activities are needed. The five PFAS additions include: hexafluoropropylene oxide dimer acid and its ammonium salt (HFPO-DA — sometimes referred

Today, in a 5-4 decision, the Supreme Court re-instated the U.S. Environmental Protection Agency’s (EPA’s) 2020 Clean Water Act (CWA) section 401 rule (Certification Rule). The Court stayed a decision by the U.S. District Court for the Northern District of California, which had vacated and remanded the Certification Rule back to EPA without first

On March 25, EPA sent a proposed Clean Water Act Section 401 Water Quality Certification rule to the Office of Management and Budget (OMB) for interagency review. Once cleared by OMB, the proposal will be published in the Federal Register for public review and comment. According to the OMB dashboard, EPA considers this proposed

EPA’s budget, approved by Congress last week, increases investment in the agency’s Safe Drinking Water Act Underground Injection Control (UIC) program. A joint statement accompanying the budget specifies that $5 million is available for EPA to develop expertise and capacity in the UIC Class VI well program, and these dollars should be used to process