California Water Views

On October 23, 2024, the US Environmental Protection Agency (EPA) announced $276 million in available funding for California water infrastructure projects. When combined with the $269 million it announced on October 8, 2024, that raises the total to $545 million announced this month.

The funding comes through President Biden’s Bipartisan Infrastructure Law, which provides for $50 billion in investments in water infrastructure throughout the country. The October 23 announcement is part of a total of $3.6 billion in available funding, which is designated to particular states ...

The 2024 legislative session ended on August 31, 2024, meaning the legislature passed all bills for this year. All of the bills are currently with Governor Newsom. He has until September 30 to sign or veto any bills. Any bills not signed by September 30 will be vetoed through a ‘pocket veto.’

This session was a busy one for bills affecting the water sector with at least nine bills passed impacting water and sewer systems in California. The bills cover a wide range of topics, including fines for violating State Water Resources Control Board (State Water Board) orders, Proposition 26 and 218 requirements for water-related fees, Sustainable Groundwater Management Act (SGMA) requirements, and the California Water Plan. … 

The California State Water Resources Control Board (State Water Board) recently issued a revised draft State Policy for Water Quality Control for Standardized Cost Reporting in Municipal Separate Storm Sewer Systems (MS4) Permits (the Policy). If adopted, this Policy would require permittees subject to MS4 permits to use a list of standardized cost categories to track and report their MS4 permit implementation costs.

The State Water Board released the revised draft Policy on May 9, 2024 for a second round of public comments, which will be due on June 25, 2024, and will hold a public ...

On January 10, 2024, Governor Newsom announced his 2024-2025 State budget proposal for $291 billion with a $37.9 billion proposed deficit. For water projects, the proposal is remarkably similar to his proposal from last year. The main differences as compared to last year’s proposal are bigger cuts (to many of the same areas cut last year) and less funding for new projects.

Governor Newsom seeks to address the $37.9 billion budget shortfall (which is substantially lower than the Legislative Analyst Office’s $68 billion projection from last month) through a variety of ...

If there is one truism in California water, it is that there is not enough of it. In part to try to help address that issue, on December 19, 2023, the California State Water Resources Control Board (State Water Board) adopted the state’s first direct potable reuse (DPR) regulations. As detailed in the State Water Board’s press release, the new regulations represent the “most advanced standards in the nation,” provide a “climate-resilient water source,” and “add millions of gallons of additional drinking water.” However, is the picture quite that rosy? … 

On November 21, 2023, the Ninth Circuit Court of Appeals issued its decision in Cottonwood Environmental Law Center vs. Edwards addressing various Clean Water Act issues. Its two key holdings were that (1) the district court did not err when it rejected plaintiff’s direct discharge theory and (2) the district court did err when it held that plaintiff did not provide sufficient notice. … 

Deadlines are upcoming related to the multi-district per- and polyfluoroalkyl substances (PFAS) litigation. The relevant settlements are with DuPont, Chemours, and Corteva (collectively, DuPont) and 3M, parties who allegedly manufactured various PFAS chemicals. The currently-pending settlements cover $1.185 billion for DuPont and $10.5-$12.5 billion for 3M.

The litigation is focused on alleged contamination of drinking water caused by DuPont’s and 3M’s alleged manufacture of PFAS chemicals. PFAS are a family of manmade chemicals that are used due to beneficial ...

On September 28, 2023, the U.S. Environmental Protection Agency (EPA) finalized its rule requiring reporting of per- and polyfluoroalkyl substances (PFAS). According to EPA’s press release, the rule is intended to “provide EPA, its partners, and the public with the largest-ever dataset of [PFAS] manufactured and used in the United States.”

EPA’s new rule is part of its PFAS Strategic Roadmap, the Biden Administration’s plan to address PFAS, a family of man-made chemicals that are becoming well-known and well-studied based on their ubiquity and resistance to breaking down naturally.... 

Commonly known as “forever chemicals” due to their ability to persist in the environment, per- and polyfluoroalkyl substances (PFAS) are an emerging contaminant of concern that the United States Environmental Protection Agency is currently promulgating regulations to address. The long-awaited adoption of an enforceable Maximum Contaminant Level for PFAS will bring sweeping changes and challenges to public water systems across the country. We provide insights on the on-going PFAS rulemaking process and what it might mean for the water industry … 

On December 6, 2022, the U.S. House of Representatives passed the National Defense Authorization Act (NDAA) by a bipartisan vote of 350-80. The NDAA includes the Water Resources Development Act (WRDA) of 2022, which includes nearly $38 billion in funding for the Army Corps of Engineers (Corps). (The text of the WRDA begins on page 3160 of the NDAA.) The WRDA is biennial legislation that provides the Corps with funding to address navigation, flood control, and ecosystem restoration. This year’s bill authorizes projects in all 50 states. On the same day, a bipartisan group of Senators and Representatives announced that they reached an agreement on the WRDA. On December 15, 2022, the Senate passed the NDAA. … 

On November 10, 2022, California Attorney General Rob Bonta announced that he had filed a lawsuit against 3M, DuPont, and sixteen other companies for their roles in manufacturing per- and polyfluoroalkyl substances (PFAS). The lawsuit seeks money damages, which could reach hundreds of millions of dollars, for damages, penalties, and restitution, as well as injunctive relief and abatement. Some consider the lawsuit the broadest of its kind brought by any state.

PFAS is an umbrella term that covers dozens of types of man-made chemicals. PFAS were used for a variety of purposes ...

On July 1, 2022 a panel of the Ninth Circuit issued a superseding opinion in California River Watch v. City of Vacaville, Appeal No. 20-16605, withdrawing its previous opinion in the same case and reaching the opposite result. The case is a rare example of a court reversing itself, and has important implications for water suppliers in California and nationwide.

In California River Watch, the plaintiff sought to impose RCRA liability on a water supplier based on the presence of hexavalent chromium in the water it supplied to customers, despite the fact that the water complied with the ...

Today, the Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency announced the release of a draft document for public review describing proposed Public Health Goals (PHGs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in drinking water. The release of the draft PHGs is a long-awaited and significant step in the regulation of such per- and polyfluoroalkyl substances (PFAS) in California.

The draft PHGs identified by OEHHA are 0.007 parts per trillion (ppt) for PFOA to address concerns based on ...

Please join me as I moderate “PFAS: Updates on the Regulatory Landscape” on July 29th, from 10:30 - 11:30 a.m. PT, during the 2020 Summer Virtual Conference, hosted by the Association of California Water Agencies (ACWA).

Participants will come away from this session with important information about...

Recently, I participated in the Environmental Law Institute’s (ELI) Master Class, PFAS: From Common Use to Concern. My fellow panelists and I discussed “PFAS in Water,” which included a discussion of the environmental and human health impacts of PFAS contaminated waters, as well as the best approaches to regulate, establish and enforce cleanups and safe drinking water standards.  I was privileged to serve on this panel along with Chris Curran, Water Business Line PFAS Lead, AECOM; Rula Deeb, Ph.D., Senior Principal, Geosyntec Consultants; and Jonathan Kalmuss-Katz, Staff Attorney, Earthjustice. Some of the main take-aways from our presentation included ...

Please join me on May 5, 2020, when I will participate in a webinar panel discussion, "PFAS in Water," hosted by the Environmental Law Institute (ELI). As the second presentation during the ELI Master Class, PFAS: From Common Use to Concern, our  panel will dive into the environmental and human health impacts of PFAS contaminated waters. We will also tackle the best approaches to regulate, establish and enforce cleanups and safe drinking water standards. Additionally, our group of experienced water sector practitioners will explore the federal and regional regulatory ...