Clean Water Act

 

Left Grows Impatient With Biden's Regulatory Plans. According to Politico, “Eight years ago, then-President Obama declared that if lawmakers did not pursue action against climate change, he would. But those ambitious executive actions never materialized to the degree progressives had hoped. Now, a year after Obama’s vice president won the White House, progressives are starting to fear the Biden administration has squandered its first year on the regulatory front, missing low-hanging fruit, even after issuing a flurry of early executive orders. ‘What we’re seeing is really routine, lackluster — and the clock is ticking,’ said Brett Hartl, government affairs director at the Center for Biological Diversity. ‘The underwhelming results from the [Glasgow climate summit] in our minds really reemphasizes the need to be more aggressive from a regulatory perspective.’ Specifically, Hartl and other progressives criticized the administration for dillydallying on too many rules — from actions on the Clean Water Act to endangered species. They say plans to address chemical contamination or methane emissions indicate a lack of urgency.” [Politico, 11/10/21 (=)]

 

Permits & Certifications

 

Corps Suspends Nationwide Clean Water Permitting Action. According to Coastal Review, “The Army Corps of Engineers, citing a recent court decision in California throwing out Trump-era regulatory changes affecting water quality certifications under section 401 of the Clean Water Act, has put a hold on permitting decisions under its nationwide permit program. The U.S. District Court for the Northern District of California on Oct. 21 remanded and vacated the Environmental Protection Agency’s 2020 401 Water Quality Certification rule that became effective Sept. 11, 2020. Judge William Alsup’s decision applies nationwide. The Corps has not formally announced the suspension of its nationwide permit program that provides more expedited Clean Water Act Section 401 approval for a wide range of projects including stormwater management projects, renewable energy, pipelines and other infrastructure as well as residential and commercial development and agriculture projects. But while it doesn’t appear that the Corps has issued a formal public notice, a blurb under the ‘Latest News’ heading on the Corps’ Sacramento District’s website noted Nov. 4 that final permit decisions that rely on a Section 401 water quality certification or waiver under the Environmental Protection Agency’s 2020 rule would not be made ‘at this time.’” [Coastal Review, 11/10/21 (=)]

 

Water Pollution

 

Drinking Water

 

Historic $626-Million Flint Water Crisis Settlement Approved By Federal Court Judge. According to Mlive, “A federal court judge has given final approval to a historic partial settlement of lawsuits related to the Flint water crisis. U.S. District Court Judge Judith E. Levy filed her approval order Wednesday, Nov. 10, calling the $626-million settlement fair, reasonable and adequate. ‘The settlement reached here is a remarkable achievement for many reasons, not the least of which is that it sets forth a comprehensive compensation program and timeline that is consistent for every qualifying participant, regardless of whether they are members of a class or are non-class individuals represented by their own counsel,’ the 178-page order says in part. ‘For the reasons set forth below, the objections to the settlement are denied, and final approval of the settlement is granted.’ Children who were 6 years old and younger during the Flint water crisis are the biggest potential beneficiaries of the settlement with the state of Michigan, the city of Flint, McLaren Regional Medical Center, and Rowe Professional Services. Nearly 80 percent of the settlement, which state officials have said is likely the largest in Michigan history, would be paid to children who were younger than 18 when they were first exposed to Flint River water, which contained elevated levels of lead and bacteria in 2014 and 2015. Levy’s approval comes despite objections from some Flint residents, including former Flint Mayor Karen Weaver.” [Mlive, 11/10/21 (=)]

 

Federal Judge Approves $626.25M Settlement In Flint Water Litigation. According to USA Today, “A federal judge on Wednesday gave final approval to a $626.25 million settlement of civil claims against the state of Michigan and a handful of other parties resulting from the lead poisoning of Flint’s drinking water, in what is one of the largest civil settlements in state history. The settlement, designed to send the brunt of the proceeds to Flint, Michigan, residents who were children at the time of the water crisis, is still only considered a partial settlement of civil claims. That is because some defendants, such as the U.S. Environmental Protection Agency, are not part of the settlement. ‘The settlement reached here is a remarkable achievement for many reasons, not the least of which is that it sets forth a comprehensive compensation program and timeline that is consistent for every qualifying participant, regardless of whether they are members of a class or are non-class individuals represented by their own counsel,’ U.S. District Judge Judith Levy said in a 178-page opinion. ‘The court is persuaded that the over $600 million settlement is a fair and sensible resolution of the claims against the settling defendants,’ Levy wrote. ‘The complexity and volume of this litigation present significant risks and potentially great expense to all parties if the cases were to be tried.’ Attorneys have requested about $200 million in legal fees out of the total amount. Levy is to rule on that request in a separate order.” [USA Today, 11/10/21 (=)]

 

Judge OKs $626 Million Settlement In Flint Water Crisis. According to The Hill, “A Michigan judge approved a $626 million settlement for thousands of people in Flint, Mich. whose water was contaminated with lead, describing the agreement as a ‘remarkable achievement.’ The settlement will be paid to city residents, with most of the money being given to children who were affected by the contamination, but some also going to the adult population. The vast majority of the settlement will be paid by the state of Michigan. The rest will be paid out by the city of Flint, McLaren hospitals and a company called Rowe Professional Services. ‘The settlement reached here is a remarkable achievement for many reasons, not the least of which is that it sets forth a comprehensive compensation program and timeline that is consistent for every qualifying participant, regardless of whether they are members of a class or are non-class individuals represented by their own counsel,’ U.S. District Judge Judith Levy said in a 178-page court ruling on Wednesday. According to the Centers for Disease Control and Prevention, this exposed approximately 99,000 residents to lead which has been linked to a number of health issues, and has a greater impact on children than adults.” [The Hill, 11/10/21 (=)]

 

‘We’ve Made History’: Flint Water Crisis Victims To Receive $626m Settlement. According to The Guardian, “A federal judge has approved a $626m settlement for victims of the lead water crisis in Flint, Michigan, in a case brought by tens of thousands of residents affected by the contaminated water. Announcing the settlement on Tuesday, district judge Judith Levy called it a ‘remarkable achievement’ that ‘sets forth a comprehensive compensation program and timeline that is consistent for every qualifying participant’. Most of the money will come from the state of Michigan, which was accused of repeatedly overlooking the risks of using the Flint River without properly treating the water. ‘This is a historic and momentous day for the residents of Flint, who will finally begin to see justice served,’ said Ted Leopold, one of the lead attorneys in the litigation. Earlier this year, the judge gave preliminary approval to a partial settlement of lawsuits filed by victims of the water crisis against the state.” [The Guardian, 11/10/21 (=)]

 

‘Band-Aid On A Bullet Wound’: Flint Residents, Officials React To $626-Million Water Crisis Settlement Approval. According to Mlive, “Flint residents had a bittersweet reaction to a federal court judge’s approval of a historic $626-million settlement of lawsuits related to the Flint water crisis. Residents in the Vehicle City were somewhat content with a tangible step towards righting the wrong of the water crisis, but they are still not fully satisfied with a settlement that’s been called too small, incohesive and unjust. U.S. District Court Judge Judith E. Levy filed the 178-page approval order to the settlement Wednesday, Nov. 10, calling the $626-million settlement fair, reasonable and adequate. The settlement includes the state of Michigan, city of Flint, McLaren Regional Medical Center, and Rowe Professional Services. More than 80 percent of the settlement, which is likely the largest in state history, will be paid to those under the age of 18 when exposed to Flint River water. The level of lead in Flint water spiked after the city’s source of drinking water was changed in parts of 2014 and 2015. The switch occurred after a series of decisions by state-appointed emergency managers and state agencies responsible for water safety.” [Mlive, 11/10/21 (=)]

 

Lawyer Suing Over Jackson Water Wins $626M Settlement In Flint, Michigan. According to Mississippi Today, “A federal judge has approved a $626 million settlement in a lawsuit filed against the state of Michigan, the city of Flint and others on behalf of thousands of children affected by the Flint water crisis. The same lead attorney in the Michigan case recently helped file two federal lawsuits claiming hundreds of children in Mississippi’s capital city of Jackson have also been harmed by dangerous levels of lead and lack of access to clean drinking water. Corey Stern, one of the architects of the Michigan settlement, said in a statement that it’s the largest such settlement in Michigan history, representing more than 4,000 children. He recently said that Flint was the ‘canary in the coal mine’ for other water crises including in Jackson. ‘This settlement would not have been possible without the children and families of Flint relentlessly taking a stand against those who failed to keep them safe,’ Stern said in a statement Wednesday. ‘… Although this is a significant victory for Flint, we have a ways to go in stopping Americans from being systematically poisoned in their own homes, schools and place of work. The big banks that financed Flint’s water supply switch in 2014, and the water engineering companies that failed to ensure the switch was safe still have not been held accountable …” [Mississippi Today, 11/10/21 (=)]

 

New Lead Poisoning Guidelines Means More Kids Will Get Tested. Here’s What Else Experts Want To See. According to PBS, “The U.S. Centers for Disease Control and Prevention has updated its blood lead reference value – the level at which children ages 1-5 are considered to have high exposure to lead. Since 2012, this threshold had been set at 5 micrograms of lead per deciliter of blood; children at or above this level represented the top 2.5% with the highest blood lead levels in the nation. Now, in response to recent federal health surveys, the CDC has updated that number to 3.5 micrograms per deciliter. Environmental scientist Gabriel Filippelli, who has studied urban lead poisoning in children, explains what this shift means for public health.” [PBS, 11/10/21 (=)]

 

"Drinking Through A Lead Straw" — $15B Approved To Fix Dangerous Water Pipes. According to Salon, “No one knows exactly how many lead pipes deliver water to homes, schools and businesses throughout America — or even where they all are. The Environmental Protection Agency estimates at least 6 million lead service lines exist. Environmental groups say it’s probably many more. What is known is that with every pot of boiling sweet potatoes, bottle of reconstituted baby formula or sip of tap water delivered through lead pipes, millions of Americans risk ingesting lead, a powerful neurotoxin long known to cause irreversible organ and cognitive damage in children and adults. ‘As a starting point, we don’t even fully know the extent of all this, even though because of situations like Flint and other places, we know it’s real,’ said Joseph Kane, a fellow at the Brookings Institution who focuses on infrastructure. Now, he and other experts say, the nation can finally start to make a dent in the problem. The bipartisan infrastructure bill that Congress approved Friday calls for allocating $15 billion for lead pipe remediation. An additional $9 billion to help with lead reduction in disadvantaged communities and $970 million for rural water and waste-water programs, including lead remediation, are still on the table as part of the pending reconciliation spending bill to fund President Joe Biden’s social and climate agenda.” [Salon, 11/10/21 (+)]

 

PFAS

 

States Urge EPA To Rework IRIS ‘Priority List’ For PFAS Assessments. According to InsideEPA, “State drinking water regulators are criticizing the Integrated Risk Information System (IRIS) office’s plan for assessing risks of several per- and polyfluoroalkyl substances (PFAS), saying the most recent draft review targets a chemical so uncommon that it ‘should not be at the top of EPA’s priority list’ while more serious threats have been sidelined. In recently released comments on EPA’s draft IRIS assessment of the PFAS perfluorobutanoic acid (PFBA), the Association of State Drinking Water Administrators (ASDWA) argues that monitoring data shows little PFBA contamination in the environment, casting doubt on the agency’s reasons for accelerating that assessment over more-common chemicals -- including one that is not on the agenda at all. ‘Compared to the other PFAS that EPA is currently developing toxicity assessments for, PFBA should not be at the top of EPA’s priority list, and [perfluoroheptanoic acid (PFHpA)] should be added to the list,’ reads ASDWA’s letter, which is dated Oct. 19 but was only published to the agency’s online docket on the eve of a Nov. 8 comment deadline for the PFBA draft. ‘ASDWA recommends that EPA move forward in a timely manner to develop additional PFAS toxicity assessments beyond [perfluorobutane sulfonic acid (PFBS)], GenX, and now PFBA,’ it writes.” [InsideEPA, 11/10/21 (=)]

 

Wastewater

 

As Cities Grow, Wastewater Recycling Gets Another Look. According to Associated Press, “Around the U.S., cities are increasingly warming to an idea that once induced gags: Sterilize wastewater from toilets, sinks and factories, and eventually pipe it back into homes and businesses as tap water. In the Los Angeles area, plans to recycle wastewater for drinking are moving along with little fanfare just two decades after similar efforts in the city sparked such a backlash they had to be abandoned. The practice, which must meet federal drinking water standards, has been adopted in several places around the country, including nearby Orange County. ‘We’ve had a sea change in terms of public attitudes toward wastewater recycling,’ said David Nahai, the former general manager of the Los Angeles Department of Water and Power. The shifting attitudes around a concept once dismissively dubbed ‘toilet to tap’ come as dry regions scramble for ways to increase water supplies as their populations boom and climate change intensifies droughts. Other strategies gaining traction include collecting runoff from streams and roads after storms, and stripping seawater of salt and other minerals, a process that’s still relatively rare and expensive.” [Associated Press, 11/10/21 (=)]

 

Environmental Justice

 

DOJ Launches First EJ Rights Investigation. According to InsideEPA, “The Department of Justice (DOJ) announced Nov. 9 it is opening its first environmental justice (EJ) investigation under Title VI of the Civil Rights Act to determine whether the Alabama Department of Public Health and the Lowndes County, AL, Health Department violated the law in their wastewater disposal and infectious disease and outbreaks programs. The probe is significant because it reflects the Biden administration’s government-wide effort to address EJ and civil rights beyond EPA. The Department of Health & Human Services is also working with DOJ on the matter. According to DOJ’s announcement, the Civil Rights Division will examine whether the state and county ‘operate their onsite wastewater disposal program and infectious diseases and outbreaks program in a manner that discriminates against Black residents of Lowndes county in violation of Title VI of the Civil Rights [Act]. . . . The investigation will also examine whether the health departments’ policies and practices have caused Black residents of Lowndes County to have diminished access to adequate sanitation systems’ as well as whether they disproportionately and unjustifiably ‘bear the risk of adverse health effects associated with inadequate wastewater treatment, such as hookworm infections.’” [InsideEPA, 11/10/21 (=)]

 

Western Water

 

Ore. City Oks Google Data Centers Amid Secrecy, Water Worries. According to Politico, “The council of a small Oregon city has approved a deal with Google that will enable the technology giant to build two more water-guzzling data centers there, though some residents worry about drought and secrecy. A single data center can churn through millions of gallons of water per day to keep hot-running equipment cool, and the placement of these facilities in drought-prone areas is an increasing concern around the globe, even as reliance on them is growing. Data centers form the ‘cloud’ that helps people stream movies, conduct research at the touch of a button, buy things, and store photos and videos. Members of the Dalles City Council unanimously approved the $28.5 million deal Monday night. The new data centers would be in addition to the three cavernous facilities Google already has in the town. Google built its first-ever industrial-scale data center in The Dalles in 2006. Google spokesperson Kate Franko, in a statement issued after the vote, underscored the public’s need for data centers. ‘Google’s data centers in The Dalles in Wasco County help millions of people find directions, send emails, and search for information every day,’ said Franko, regional head of data center public affairs.” [Politico, 11/10/21 (=)]

 

Flooding

 

Infrastructure Bill's Passage Could Bring Flood Relief For MT City. According to Public News Service, “The passage of the infrastructure bill in Congress could provide relief for a Montana community threatened by floods. Three Forks sits at the Missouri River headwaters and the confluence of three rivers: the Gallatin, Jefferson and Madison. Recently updated assessments from the Federal Emergency Management Agency find the community is at significant risk from flooding. Patricia Hernandez, executive director of the Montana-based nonprofit Headwaters Economics, said the new floodplain map would make it hard to build in most of the community. ‘There’s major consequences for the community, for regional job growth and housing affordability because Three Forks has some of the last affordable housing in the booming county where Bozeman is located,’ Hernandez explained. Three Forks has developed a plan for mitigating flood risk, but failed to receive federal funding when it applied earlier this year. However, under the trillion-dollar infrastructure bill passed in Congress last week, FEMA’s program for reducing flood damage has seen its budget more than triple to $700 million annually. Hernandez noted the city, in collaboration with the state and engineers, has come up with an innovative project. It would make use of a dry river channel along the Jefferson to redirect water back into the river. Hernandez contended it would protect about a quarter of the community’s homes and businesses in a vulnerable area.” [Public News Service, 11/11/21 (=)]

 

Misc. Waterways

 

AP | New Climate Assessment: Vt. Getting Warmer, Wetter. According to Politico, “A climate assessment released Tuesday by a group of scientists from the University of Vermont says the state is getting warmer and wetter and that the changes pose long-term challenges for the state. Vermont is expected to lose around 70 species of birds, while moose numbers will decline and populations of white-tailed deer will increase due to rising temperatures in the coming years, the report said. The climate will become less favorable for several Vermont tree species, including the sugar maple, and warm waters will increase the risk of harmful algae blooms in the state’s waterways. The changes caused by a warming planet will make droughts and floods the most likely natural disasters the state will face. UVM climate scientist Gillian Galford says the new report shows that some effects of climate change predicted in the state’s last climate report, in 2014, are happening now. ‘We are seeing this increased variability in extremes between very wet years and years that are very dry,’ Galford said during an online news conference with Vermont reporters. ‘So we’re not just talking about that as something that might happen in the future anymore. We’re talking about it as something that we are currently experiencing.’” [Politico, 11/11/21 (=)]

 

 

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