Environmental and Energy Law Update
        A blog from the attorneys of Verrill

        No Water, No Beer

        by Peter F. Durning on August 10, 2023

        The American Water Works Association’s “Value of Water” social media campaign, including its No Water No Beer slogan, provides a stark wake-up call about the dire importance of conserving and protecting our precious water resources – lest we create a dystopian future with no suds.

        While this mantra remains as important as ever, a new initiative to brew lagers from treated wastewater is expanding the concept of what is possible in resource-stretched areas.

        As highlighted in the recent New York Times article: Would You Drink Wastewater? What if It Was Beer?, Desert Monks Brewing, Co., an award-winning brewery in Gilbert, AZ, participated in a 2019 challenge to use purified recycled water from the Scottsdale Water municipal plant in its beer-making process. Impressed by the end product and doing its part to relieve some strain on water supply, Desert Monks Brewing now regularly features a post-treatment brew on its menu, including its current offering: Sonoran Mist, a “German-Style Helles Lager brewed with Scottsdale City Ultra Purified Water.”

        As noted in the Times article, Scottsdale, which was already using post-treatment water for golf-course irrigation, laid the foundation for this malted miracle by securing a state permit to allow for the direct potable reuse of its treated wastewater. The shared vision of a regulated entity, its regulator, and a willing partner in the business community shows what ground-breaking heights can be achieved with good tech and a little imagination.

        Here in Massachusetts, home of the revolutionary brewer-patriot Samuel Adams, contemporary brewmeisters are also advancing cutting-edge efforts at resource conservation. According to a Boston Globe article, Tree House Brewery deploys a treatment system designed by Cambrian Innovation to treat its “wastewater on site using a microbial system that promises to clean up the outflows while generating gas to heat the brewery.” Tree House does not go so far as Desert Monks Brewing to draft beer with the treated wastewater, but its closed-loop system uses recovered water for other on-site purposes, including tank rinsing and washing down equipment, which decreases its overall consumption of fresh drinking water.

        While Tree House is doing its part to find ways to reduce its water consumption, we are still a long way from making beer from post-treatment waste in Massachusetts. According to Jennifer Pederson of the Massachusetts Water Works Association, any such effort would require changing the Massachusetts Regulations. The current regulations governing “reclaimed” water at 314 CMR 20.00 do not allow human consumption of post-treatment wastewater. According to Mass.gov, MassDEP has approved nearly a dozen projects for reclaimed water under 314 CMR 20.00, including using recycled water for toilets and facilities cooling at Gillette Stadium, watering at golf courses, and reuse at manufacturing and office facilities.

        Massachusetts enjoys a more reliable water supply than many parts of the United States, so it does not need to advance reclaimed water use for human consumption, but several states are moving forward in this area. Colorado has regulations in place, Texas has a direct potable reuse plant in operation, and Florida and California have proposed regulations for human consumption of reclaimed water in the works.

        The draft rules released in California in late July would allow reclaimed water to be placed back in the regular municipal water supply. While this effort will face public comments and hearings and is years away from becoming a reality, the early technical reviews are very favorable.

        We should all raise a glass to these innovative conservation efforts.

        Environmental and Energy Law Update

        The Environmental and Energy Law Update blog provides an analysis and discussion of the most critical and timely legal issues and announcements in the environmental, natural resource, and energy sectors.

        Key Contact

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Blog

        Working 9 to 5? It’s a Way to Make a Livin’, so Make Sure You’re Payin’ for Every Minute: A Maine Employer’s Guide to Stacked Wage & Hour Rules

        Four decades after Dolly Parton gave us both the namesake anthem of the American workday and the film about three fed-up office workers’ dreams of...
        Alerts and Newsletters

        Can AI Pass the Doctor Test? FDA Considers Physician-Inspired Evaluation of GenAI Devices and Other Regulatory Measures

        AI is entering healthcare with indomitable will. It promises to increase efficiency, reduce administrative burden (which healthcare providers so...
        Press Releases

        Verrill Attorney Annabel Rodriguez Named Top Women of Law by Massachusetts Lawyers Weekly

        BOSTON, Massachusetts – Verrill attorney Annabel Rodriguez has been recognized as a Top Women of Law by Massachusetts Lawyers Weekly, and will be...
        Blog

        What Employee Benefits Lawyers Do (and How to Make the Best Use of Us)

        What do employee benefits lawyers do all day and how can clients make the best use of them? This post offers an overview of the kinds of things...
        Media Mentions

        Bloomberg Law Quotes Robert Keach on Expanded Access to Small Business Reorganization

        Verrill attorney Bob Keach was recently featured in Bloomberg Law, discussing legislation that would raise debt limits for bankruptcy relief and...
        Blog

        Phil Bartlett to Step Down as Chair of the Maine Public Utilities Commission

        On September 15, 2026, Governor Janet Mills announced that Phil Bartlett will step down as Chair of the Maine Public Utilities Commission (PUC)...
        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...