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Senators are negotiating revisions to a bipartisan Toxic Substances Control Act (TSCA) reform bill ahead of an April 28 environment panel markup that includes changes to major provisions including contested language on when EPA can preempt state chemicals programs and the agency's power to regulate “articles” in products.

House and Senate Democrats are reviving legislation that would create a system of stormwater infrastructure grants administered by EPA to support state and local use of green infrastructure, echoing the agency's recent focus on backing such projects with grants and technical assistance rather than through new federal requirements.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit has ruled that trucking industry and other petitioners lack standing in their lawsuits challenging EPA greenhouse gas (GHG) rules for both light-duty and heavy-duty vehicles, issuing an April 24 per curiam opinion dismissing the cases.

The U.S. Court of Appeals for the District of Columbia Circuit has rejected Iowa residents' lawsuit claiming EPA has a nondiscretionary Clean Air Act duty to issue concentrated animal feeding operations (CAFOs) air rules, and avoids ruling on whether separate petitions for CAFO rulemaking pending at EPA should bolster such lawsuits.

The U.S. Department of Agriculture (USDA) is backing growers' opposition to EPA's proposed plan for slowing the development of corn root worm resistance in crops genetically engineered to resist the pests, arguing agency proposals such as avoiding soil-applied insecticides are overly prescriptive, though consumer advocates say the plan's provisions should be mandatory.

If Congress successfully pursues a Congressional Review Act (CRA) vote to disapprove EPA and the Army Corps of Engineers' pending final Clean Water Act (CWA) jurisdiction rule, it could prohibit any administration from pursuing a similar rule to define the water law's scope given restrictions in the CRA absent Congressional approval, sources say.