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EPA Proposes To Narrow Scope Of States’ CWA Section 401 Reviews

EPA in a new interpretation of the Clean Water Act (CWA) is proposing to significantly narrow the actions states can consider when determining whether a federally permitted project will violate water quality standards, seeking to eliminate powers that allow states to consider a project’s “activities” while allowing them to consider only its “discharges."

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EPA Proposal Seeks To ‘Clarify’ Timeline, Scope Of States’ CWA 401 Reviews

EPA has issued its proposed rule under Clean Water Act (CWA) section 401seeking to update and clarify states’ substantive and procedural requirements for reviewing and certifying that federally permitted projects, including hydropower dams and energy pipelines, will not harm state water quality standards.

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Chamber, coal groups seek to back EPA in ACE suit

The two industry groups are supporting EPA’s defense of its Affordable Clean Energy rule in litigation filed by two public health groups that is expected to include many additional petitioners.

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EPA Eyes NPDES Delegation For Key States To Permit Oil, Gas Discharges

AUSTIN, TX -- EPA is preparing to delegate Clean Water Act (CWA) discharge permitting authority to Oklahoma, Texas and New Mexico for onshore oil and gas extraction, a move that could eventually shift how produced water is handled in the arid, energy-rich region where many have been pressing the agency to make it easier to reuse the water.

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Court Rejection Of Pipeline GHG Challenge Underscores Limits Of NEPA

A recent appellate decision upholding the adequacy of federal energy regulators’ greenhouse gas review of the Atlantic Sunrise natural gas pipeline shows the limits of the National Environmental Policy Act (NEPA) and environmentalists’ efforts to use the law to challenge agency approvals.

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Awaiting EPA, California Plans Revisions To Draft Solar Panel Waste Rules

California toxics department officials are planning to make further changes to their controversial draft proposal to establish first-time universal waste (UW) rules for the disposal of solar photovoltaic (PV) panels, based on extensive written comments filed recently by numerous entities that manufacture, install, manage and recycle the panels.

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CBD threatens to sue EPA over SDWA aquifer exemption

The Center for Biological Diversity claims EPA should have conducted endangered species consultation and broader environmental review before approving the exemption to aquifer protections.

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Facing Risks, EPA’s Counsel Defends ‘Bold’ ACE Rule Legal Interpretation

AUSTIN, TX -- EPA General Counsel Matt Leopold is strongly defending the agency’s “bold” legal interpretation in its Affordable Clean Energy (ACE) utility climate rule that the Clean Air Act only allows “inside-the-fence” regulation, despite caution from some that the move carries significant risks for the Trump administration.

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EPA Makes Creative Arguments To Parry Critics Of ACE Climate Rule

EPA is making several creative arguments to parry conservative and environmentalist criticism of its narrow climate standards for existing power plants, including by embracing Obama-era legal interpretations that the agency has threshold power to regulate greenhouse gases even as it roundly criticizes other key legal findings by the prior administration.

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EPA oil & gas NSPS plan could preclude future rules

An EPA official previewed several “fundamental policy issues” that the agency will tee up in a proposed rule to review the 2016 oil and gas methane new source performance standards.

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