EPA is
weighing how to gather additional economic and production data from the coalbed
methane (CBM) drilling sector after industry officials recently warned that low
natural gas prices may make it difficult for the agency to show that its
planned effluent limitation guideline (ELG) for the sector is "economically
achievable," as the Clean Water Act (CWA) requires, industry sources say.1480 words
The oil and
gas industry is calling on President Obama for a more coordinated approach to
federal oversight of hydraulic fracturing, warning that having EPA and seven
other agencies considering regulations for the sector is chilling new
investment and production.807 words
A top adviser
to EPA Administrator Lisa Jackson is ranking the agency's core environmental
concerns related to hydraulic fracturing, with strains on water supply as a top
issue.675 words
EPA is urging
New York to tighten limits for radioactive constituents in wastewater generated
from hydraulic fracturing operations in the state's pending draft rules for
natural gas development, a move that environmentalists hope indicates how the
agency will address the issue in its own pending pretreatment standards for the
shale gas industry.1237 words
EPA is
defending its recently released draft water quality criteria for protecting
against human health risks associated with bacterial contamination at beaches
from criticisms leveled by Rep. Henry Waxman (D-CA) and environmentalists who
charged the agency had failed to use recent epidemiological data that they say
suggests the need for stricter limits than what the agency proposed.1517 words
As EPA
prepares to hold a series of public meetings on its plan to integrate
municipalities' wastewater and stormwater requirements, wastewater treatment
industry officials say a number of issues are likely to emerge as flashpoints
as the framework gets more specific, including the role of asset management,
the use of green infrastructure to attain numeric pollution reductions and how
flexible the agency will be with permittees.1429 words
The U.S.
Conference of Mayors (USCM) is considering asking Congress to amend the Clean
Water Act (CWA) and Safe Drinking Water Act to allow additional compliance
flexibility for municipalities in the event that EPA's forthcoming integrated
planning and permitting policy (IP3) does not result in tangible economic
relief.1074 words
EPA is asking
a federal court to dismiss a renewed legal challenge to the agency's wet
weather policy by the Iowa League of Cities, claiming that the court has no
jurisdiction to review EPA correspondence that the league claims represents a de
facto rulemaking in violation of federal law.1085 words
EPA and the
Conservation Law Foundation (CLF) say they have reached an agreement in
principle to settle a controversial set of lawsuits -- a settlement that
critics fear could set a precedent expanding the Clean Water Act's (CWA)
jurisdiction over groundwater and nonpoint sources of pollution -- though the
litigants are asking a federal court to give them more time to complete the
deal.1465 words
The Supreme
Court is asking the solicitor general to weigh in on a controversial appeals
court decision that municipalities say sets a dangerous precedent making them
liable for nonpoint source pollution that flows through their stormwater
systems.422 words
Virginia
lawmakers are considering asking the state's attorney general to investigate a
constitutional challenge to EPA's controversial multi-state pollution control
plans for the Chesapeake Bay on the basis that it represents an infringement of
state rights -- a suit that could undermine EPA's ability to develop similar
multi-state plans elsewhere.652 words
Construction
industry officials are urging EPA to delay finalizing its construction general
permit (CGP) for stormwater discharges just weeks before it is slated to take
effect, arguing that litigation over the agency's effluent discharge limits on
which the permit relies has not yet been resolved and warning they could sue
again if EPA moves forward with the CGP.675 words
A federal
judge has granted EPA's request to stay litigation over a novel suit filed by
environmentalists that seeks to to overturn a long-standing rule that generally
prevents federal courts from amending state water quality certifications of
Clean Water Act (CWA) permits while the judge decides whether a district or an
appellate court has jurisdiction over the suit.1110 words
Environmentalists
are defending EPA's authority to issue a Clean Water Act (CWA) rule requiring
all concentrated animal feeding operations (CAFOs) to report key data to the
agency in the face of industry claims that it violates an appellate ruling
barring oversight of those CAFOs that do not discharge.1465 words
EPA is
preparing to float revisions to its controversial proposed rule governing fish
kill mitigation requirements for power plants' cooling water intake structures --
a plan that many utilities fear could be among the most costly of the agencies'
utility rules but that officials say they may make more flexible than the
version they proposed last Spring.614 words
EPA has sent
to the White House Office of Management & Budget (OMB) a long-awaited
proposed rule requiring National Pollutant Discharge Elimination System (NPDES)
permit holders to file their discharge reports electronically, a measure that
EPA says could save time and resources but that some states say may place an
undue burden on regulators and industry fears could ease citizen suits and
other enforcement actions.504 words
A key
appellate court is preparing for oral argument in a case that could test
whether the Clean Water Act (CWA) provides citizens the right to enforce the
terms of dredge-and-fill permits issued by the Army Corps of Engineers under
section 404 of the water law against regulated entities.958 words
A federal
appellate court has affirmed a lower court ruling to dismiss a Fifth Amendment
takings claim brought against the U.S. Corps of Engineers by a company hoping
to establish a wetlands mitigation bank, saying the establishment of a wetlands
bank does not constitute a "cognizable property interest" under the Fifth
Amendment.847 words
EPA and other
agencies are stepping up efforts to monitor and possibly regulate contamination
of groundwater supplies of drinking water by the highly-toxic pharmaceuticals
used in chemotherapy treatment, which can remain harmful even after passing
through wastewater treatment plants.1118 words
EPA is
investigating whether an error published in the latest edition of its drinking
water standards document has led to any mistakes at hazardous waste cleanup
sites or drinking water facilities that would have to be corrected
retroactively, an agency source says.764 words
EPA and the
U.S. Department of Agriculture (USDA) have signed a memorandum of understanding
(MOU) with the state of Minnesota to develop a "safe harbor" program to reduce
nonpoint nutrient pollution from farms in exchange for certified compliance
with state water quality standards, marking the first of what may be many such
agreements.1211 words
New Jersey
Gov. Chris Christie (R) signed Jan. 17 a law delaying implementation of the
state's controversial 2008 water quality management planning rules despite
objections from EPA that the move will damage water quality in the area, and
may violate the Clean Water Act (CWA) -- a stance that could signal increased
pressure on states examining similar rules to act more quickly.929 words
EPA is
rejecting calls from water utilities to consider early use of its pending methodology
for harmonizing the way that its water and pesticides offices screen pesticide
risks to aquatic life for use in registration decisions, prompting concerns
that utilities will bear the burden of new water quality requirements rather
than pesticide manufacturers.1057 words
Environmentalists
and the Teamsters, a key labor union, are strongly urging EPA and top White
House officials to release the long-awaited risk assessment of the ubiquitous
environmental contaminant dioxin this month, as Administrator Lisa Jackson has
promised, according to a flurry of letters sent to the agency over the past
week.1386 words
EPA staff and
members of the National Academy of Sciences (NAS) board that will undertake the
congressionally mandated reviews of three of up to EPA's chemical risk
assessments are discussing which pending assessments to look at and whether one
of the NAS reports could discuss a broader, scientific investigation of the Integrated
Risk Information System (IRIS) program's operations.1148 words
EPA is
looking to "minimize" new employee hiring and internal staff transfers in
response to cuts in the agency's fiscal year 2012 budget, according to an
internal agency memo obtained by Inside EPA, just weeks ahead of
President Obama's FY13 budget blueprint that sources predict could further
reduce the agency's funding levels.1297 words
States are
urging EPA to help ward off expected efforts by Congress to cut the agency's
grants account by providing the "full picture" of why some grants remain
unspent several years after EPA awards them, saying there are many factors
behind the delays in using the grant funds long after they are awarded.822 words
Following
President Obama's call in his State of the Union address to fund improvements
to the nation's infrastructure, private water utilities are urging the
president to boost water infrastructure funding by supporting a bill that would
lift the federal cap on private activity bonds (PABs), which allow local
governments to fund private projects with publicly-backed bonds.552 words
A federal
appellate court has sidestepped ruling on potentially precedent-setting
litigation challenging EPA's emerging efforts to set numeric permit limits for
nutrient pollution in states which only have narrative water quality criteria.1021 words
A federal
judge has called on EPA and the state of Florida to redouble their funding and
planning efforts to get the Florida Everglades to meet water quality standards
for nutrients, an issue that has been lingering in federal courts for more than
20 years.602 words
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