Jump to Navigation
Jump to Content

Safe Drinking Water Act (SDWA)

Federalism's Blind Spots: The Crisis of Small Drinking Water Systems

Drinking water contamination in Flint, Michigan, has garnered much-needed nationwide attention, but such contamination is neither isolated, nor a primarily urban problem. A hidden water crisis is straining thousands of smaller...

Plymouth Village Water & Sewer District v. Scott

A state court preliminarily enjoined the New Hampshire Department of Environmental Services (DES) from enforcing new rules that tightened allowable limits of per- and polyfluoroalkyl substances (PFAS) in the state's drinking water and...

The Use of PFAS at Industrial and Military Facilities: Technical, Regulatory, and Legal Issues

Contamination of drinking water by per- and polyfluoroalkyl substances (PFAS) has garnered much attention in recent years. PFAS include perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA), and PFAS exposures and risks can...

Michigan Department of Envtl. Quality v. Flint, City of

A district court held that the city of Flint, Michigan, must choose a long-term water source and gave the city a week in which to do so. After the events of the Flint water crisis, EPA notified the city that it would need to make a...

Seneca Resources Corp. v. Highland Township

A district court held that a township's Home Rule Charter prohibiting deposition of any waste from oil and gas extraction within the township and invalidating any state permit to the contrary was preempted by the SDWA. In 2014, EPA...

Mays v. Flint, City of

The Sixth Circuit held that residents of Flint, Michigan, may pursue class claims against state actors in state court. In January 2016, several plaintiffs filed a class-action lawsuit in state court stemming from the Flint water crisis...

“A Greater Sense of Urgency”: EPA’s Emergency Authority Under the SDWA and Lessons From Flint, Michigan

Section 1431 of the Safe Drinking Water Act (SDWA) grants the U.S. Environmental Protection Agency (EPA) expansive emergency authority to protect public drinking water sources from contamination. Specifically, §1431 authorizes the EPA...

McMillian v. Snyder

A district court granted state defendant's motion to dismiss in a case involving water contamination in Flint, Michigan. Plaintiffs alleged violations of the SDWA as well as state tort claims. The court dismissed the SDWA claims for...

Board of Water Works Trustees of the City of Des Moines v. Sac County Board of Supervisors

The Iowa Supreme Court held that a city utility cannot sue upstream drainage districts over excess nitrate pollution in the utility's water source. The utility attempted to sue entities that drain wetlands so they can be turned into...

Comm. To Protect Our Agricultural Water v. Occidental Oil and Gas Corp.

A district court dismissed a case alleging racketeering and civil rights violations against state officials and oil companies in connection with illegal increases in oil production to maximize profits and tax revenue and allowing the...