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© 2014 Lathrop & Gage LLP 1 Environmental Trends Missouri Municipal Attorneys Association.

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© 2014 Lathrop & Gage LL 1 Environment al Trends Missouri Municipal Attorneys Association
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© 2014 Lathrop & Gage LLP

1

Environmental Trends

Missouri Municipal Attorneys Association

© 2014 Lathrop & Gage LLP

2

Principal areas of interference

Wastewater treatment, sewers Roadway construction Stormwater, erosion control, development, pervious surface Drinking water Power plants, power generation (alternative energy), ash ponds, transmission

corridor, GHG Transportation (automotive, mass, alternative, GHG) Refuse, landfill, recycling, energy, methane, hazardous materials Pesticides, herbicides, fertilizers, insects

© 2014 Lathrop & Gage LLP

3

Number 1 Issue — Water

Greatest impact to the public consumer both by quality, quantity and rate.

Greatest change in status quo in the municipal environmental arena.

All areas are dynamic, all cost the consumer directly, all hard to predict.

Majority of the changes are driven from the Federal level by USEPA.

All areas are in flux — wastewater, stormwater and drinking water. New standards, new regulations and new rules.

© 2014 Lathrop & Gage LLP

4

Wastewater

Ammonia Nutrients Waters of the US Growth (or lack thereof) Difficulty of lagoons to meet standards Sewer deterioration SSOs and basements (and the liability

that may attach, and the insurance that may not)

Rates, rates, rates (consequence of “political ratemaking”)

© 2014 Lathrop & Gage LLP

5

Stormwater, Erosion and Run-off

Progress to rainfall as a municipal pollutant

Construction as a environmental threat

Roadway, park and municipal construction

City as regulator MS4 TMDL

© 2014 Lathrop & Gage LLP

6

Drinking Water

New standards and capital expenses Increased laboratory requirements

© 2014 Lathrop & Gage LLP

7

Power Generation

GHGs /Coal Ash Ponds Alternative energy

requirements Transmission

infrastructure

© 2014 Lathrop & Gage LLP

8

Transportation

Automotive Mass transit Alternative (pedestrians, bicycles) GHGs

© 2014 Lathrop & Gage LLP

9

Refuse

Landfills Recycling Methane Alternative energy Hazardous materials

© 2014 Lathrop & Gage LLP

10

Chemicals

Pesticides and herbicides Fertilizers Insects (contrary wetlands

demands)

© 2014 Lathrop & Gage LLP

11

The cost impact of environmental regulations on municipalities

will continue to increase, with no end in sight.

© 2014 Lathrop & Gage LLP

12

The rate impact on municipal operations will continue to

increase. Political ratemaking will only increase the problem.

© 2014 Lathrop & Gage LLP

13

The need to increase reserves for environmental costs on

projects is strongly suggested, especially when moving dirt.

© 2014 Lathrop & Gage LLP

14

Waters of the U.S. rule IS a threat to property rights,

to state rights and therefore subdivisions of any state.

© 2014 Lathrop & Gage LLP

15

David A. ShorrLathrop & Gage

314 East High StreetJefferson City, MO 65101

573-761-5005


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