Flint, Michigan, Water Woes Continue for Independent Engineering Company

On Monday, February 7, the U.S. District Court for the Eastern District of Michigan denied in part a professional engineering company’s motion for summary judgment in Walters et al. v. Flint et al., part of the ongoing Flint water litigation. Plaintiffs in the litigation sought to hold the engineering company, which has served as a water engineer for the City of Flint since at least 2011 and had been involved in discussing and planning the city’s possible switch of water source, liable for professional negligence based on the company’s failure to warn the city of its plan’s shortcomings or otherwise recommend corrective measures.   (more…)

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EPA Takes Two New Actions on PFAS

The U.S. Environmental Protection Agency (EPA) took two important actions in late December 2021 related to per- and polyfluoroalkyl substances (PFAS), a class of chemicals receiving increasing legislative and regulatory scrutiny in recent years. The two actions relate to drinking-water monitoring data and to toxicity and human-health testing data. (more…)

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D.C. Circuit Denies Request to Stay Reconsideration of Lead and Copper Drinking Water Rule

On October 27, 2021, the U.S. Court of Appeals for the District of Columbia Circuit denied a motion filed by five Republican state attorneys general to stay EPA’s June 2021 rule delaying the effective date of the Lead and Copper Drinking Water Rule promulgated under the Trump administration until December 16, 2021, thereby extended the compliance deadline for the rule by 10 months to October 2024. (more…)

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House Introduces PFAS Action Act of 2021

On Tuesday, April 13, Reps. Debbie Dingell and Fred Upton, both D-Mich., introduced the PFAS Action Act of 2021, seeking further regulation of per- and polyfluorinated substances (PFAS). Most notably, the bill would require the U.S. Environmental Protection Agency (EPA) to take action to address two PFAS chemicals — PFOA and PFOS — through a number of regulatory provisions: designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, designating PFOA and PFOS as hazardous air pollutants under the Clean Air Act, and requiring EPA to establish national drinking water standards for PFOA and PFOS. (more…)

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