Vermont regulators say EPA has overstated the impacts of climate change on phosphorous loads in Lake Champlain, opening the door to a potentially precedential debate over how stringently the agency assesses water quality impairments due to climate change and calculates some regulatory limits to address potential concerns.
EPA is poised to complete its long-awaited rule governing cooling water intake structures at power plants and other industrial facilities. The Supreme Court later this week will meet to decide whether to hear ExxonMobil's case arguing that the Clean Air Act should preempt a landmark methyl tertiary butyl ether water contamination suit.
EPA is moving closer to revising its years-old assessment of the human health risks of hexavalent chromium (Cr6), which is expected to form the basis for a stricter drinking water standard, though California has recently taken one of the last steps toward finalizing a similar state standard that may not be as strict as what environmentalists are seeking.
State opponents of a novel EPA water infrastructure funding pilot are conceding that they are not likely to block Congress from creating the program in a pending Army Corps of Engineers authorization bill but they are urging lawmakers to preserve states' role in the funding process, including by requiring municipalities to give states a novel "right of first refusal" before seeking new project financing.
The U.S. Court of Appeals for the District of Columbia Circuit has scrapped EPA's use of a novel "affirmative defense" in a cement air toxics rule that exempted emissions spikes due to equipment malfunctions from Clean Air Act penalties, which could force the agency to overhaul several other regulations that included the contested defense.
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- D.C. Circuit Scraps 'Affirmative Defense' In Ruling Upholding Cement MACT
- D.C. Circuit Broadly Rejects Suits Over EPA's Utility MACT
- D.C. Circuit Rejects Suit Over EPA's Carbon Monoxide NAAQS
- Environmentalists Seek Petition Mandate In Mississippi Nutrient Suit
- EPA Releases CWA Jurisdiction Proposal, Expands Agriculture Waivers