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The topic of infrastructure has been front and center in recent weeks, following the Biden Administration’s unveiling of the American Jobs Plan, a massive investment plan to “Build Back Better” the country’s infrastructure.  A critical infrastructure component is water systems—drinking water, wastewater, and stormwater—many of which have deteriorated with age and lack of funding.  The renewed focus on infrastructure proposes to funnel massive investment into upgrading the nation’s water systems, under the American Jobs Plan and a slate of bills now before Congress.  We take a look at what the new infrastructure developments could mean for water systems.
Continue Reading Water, Water Everywhere: Infrastructure Push Includes Significant Investment for Water Systems

Regulated industry has been expressing significant concern about disruption as a result of the COVID-19 pandemic and seeking assurance from the US Environmental Protection Agency (EPA) that the extraordinary circumstances across the United States would be taken into account in the event of any unanticipated noncompliance. Yesterday, March 26, 2020, EPA’s (EPA) Office of Enforcement and Compliance Assurance (OECA) Assistant Administrator Susan Parker Bodine responded to these concerns with the issuance of a memorandum addressing the impact of the current global COVID-19 pandemic on EPA’s enforcement program. In it, OECA commits EPA to a “temporary policy” of exercising enforcement discretion for noncompliance “resulting from the COVID-19 pandemic,” provided that regulated entities follow the steps required in the policy.
Continue Reading Deciphering EPA’s Temporary Enforcement Discretion Policy for COVID-19

EPA’s draft strategic plan for 2018-2022 represents a dramatic shift in focus to supporting states and tribes as the locus of environmental law implementation and streamlining agency processes to accelerate decisions and increase efficiency. The plan identifies three overarching goals: re-focus EPA on its core mission, restore cooperative federalism and adhere to the “rule of law.” If implemented, the strategic plan should give states latitude to exercise primacy in both policy-setting and implementation of environmental laws.
Continue Reading Core Functions and Cooperative Federalism: EPA’s Draft Strategic Plan

Last week at the 2017 Chambers USA Awards, Hunton & Williams’ environmental team was recognized as the team of the year in the environment practice area. Chambers USA evaluated our practice as “preeminent” in the environmental area and “highly esteemed.” Chambers USA also noted our “fine track record” for our utility and energy work and our “noteworthy expertise across air, water, waste and climate change matters.”…
Continue Reading Hunton & Williams Wins 2017 Chambers USA Award for Excellence for Environment