United States: Water

The EPA and Army Corps have issued a supplemental proposal that would fundamentally reshape federal Clean Water Act jurisdiction by replacing the controversial "wet season" framework with a stricter "perennial water" standard. This alternative approach would require water features to flow continuously year-round under ordinary conditions, with limited exceptions for brief dry periods, potentially excluding vast areas—particularly in the arid West—from federal wetlands regulation.

Louisiana's Department of Conservation and Energy has proposed significant rule changes for groundwater management that could reshape how legacy oilfield sites are investigated and monitored. The new regulations introduce stricter requirements for environmental well installation, including prohibitions on screens crossing multiple aquifer layers, and establish accelerated timelines for well plugging.

Industry stakeholders should anticipate multiple data center-related bills addressing water, power, local regulatory authority and tax incentives, with increased scrutiny of development practices and community engagement.

On August 3, 2026, Texas Governor Greg Abbott (R) directed the Public Utility Commission of Texas (PUC) and the Electric Reliability Council of Texas (ERCOT) to conduct a “comprehensive verification and audit” of all data centers advancing through ERCOT’s interconnection process before any additional data centers may move forward.

A California appellate court decision establishes new boundaries for challenging groundwater sustainability plans under SGMA, potentially limiting judicial review scope while clarifying when courts should defer to the Department of Water Resources' technical expertise. The ruling addresses critical procedural questions about reverse validation actions and the application of primary jurisdiction doctrine in groundwater management disputes.

California environmental regulators advance new pollution controls while federal agencies shift course on power plant emissions and pipeline approvals. Major infrastructure projects including dam retrofits...

The environmental permitting landscape for data centers is shifting rapidly, with federal and state regulators often pulling in opposite directions. The Trump Administration has moved to accelerate federal environmental review and to open federal lands for data center siting, while states and localities have responded by tightening scrutiny of the energy, water, and land use impacts of these facilities.

The EPA has proposed two significant rules affecting PFAS drinking water standards: one offering water systems an optional two-year extension to comply with PFOA and PFOS limits until 2031, and another rescinding...

For decades, California water suppliers operated under a shield from inverse condemnation claims associated with delivery of water to their customers. Courts had rejected homeowners’ claims associated with pipe corrosion or pinhole leaks...