Forgot password?
Sign up today and your first download is free.

Federal Facilities

ATSDR Seeks To Downplay Effect Of PFAS Risk Levels Stricter Than EPA's

A federal health agency has released its much-anticipated draft toxicological profile for perfluorinated chemicals that recommends risk values more conservative than EPA's, but the agency is downplaying potential health concerns from exposures above its limits, cautioning the public not to read its levels as cleanup or health effects standards.

1078 words


Texas business group launches new suit over Obama-era CWA rule

The suit seeks to block not only the 2015 rule but any future rule from asserting authority over waters known as Texas coastal prairie wetlands.

567 words


EPA Sends New CWA Jurisdiction Rule To OMB But Legal Battles Escalate

EPA has sent a narrower Clean Water Act (CWA) jurisdiction rule for White House pre-publication rule to replace the Obama-era jurisdiction rule, but even though the submission marks a major step forward in the agency's repeal-and-replace plan the legal battles over the existing rule and EPA's replacement process are escalating.

1149 words


Enforcement Appeal On Use Of Kennedy CWA Test Could Boost EPA Rule

A California construction company is trying to force a new appellate decision on which of two competing Supreme Court Clean Water Act (CWA) jurisdiction tests judges should apply, just as EPA is readying a new jurisdiction rule that would use the firm's preferred narrower test and could get a major boost if courts start to back that standard.

692 words


9th Circuit Wrestles With 'Futurity' In Suit Over Corps' Wetlands Handbook

Appellate judges weighing the legality of the Army Corps of Engineers' regional supplements to its handbook for identifying wetlands under the Clean Water Act (CWA) appeared split at oral argument on whether a 1992 spending law bars the practice of using regional handbooks, with one judge backing that claim and another strongly questioning it.

1293 words


Pruitt aims to send CWA rule to White House this week

EPA Administrator Scott Pruitt told farmers that he plans to send a proposed jurisdiction rule for White House review on June 15.

616 words


EPA Official Says CWA Jurisdiction Uncertainty Might Deter Enforcement

A senior EPA enforcement official says legal and regulatory uncertainty surrounding the Obama-era Clean Water Act (CWA) jurisdiction rule might deter agency enforcement staff from pursuing criminal cases that involve complex jurisdiction determinations, because the agency favors straight-forward litigation and faces resource constraints.

925 words


Judge Finds CWA Rule 'Likely' Illegal, Blocking Enforcement In 11 States

A federal district judge has barred enforcement of the Obama EPA's Clean Water Act (CWA) jurisdiction rule in 11 states, holding that the standard as crafted is likely unlawful and providing a major boost to opponents of the Obama-era policy who have called for it to be overturned either administratively or in the courts.

1273 words


Supreme Court Sidesteps Refining Policy On Interpreting 4-4-1 Decisions

The Supreme Court has punted on using a criminal case to refine its policy on how to interpret 4-4-1 high court rulings including its confusing 2006 decision creating competing Clean Water Act (CWA) jurisdiction tests, but sources say the majority opinion in the criminal case hints that the justices could take a fresh look at the CWA's scope.

1179 words


States' Call To Scrap EPA CWA Rule Poses Early Test For District Lawsuits

Republican states are asking a federal district judge to scrap EPA's 2015 Clean Water Act (CWA) jurisdiction rule by claiming it violates the Constitution and a high court ruling on the law's reach, the first such request in a litany of district court challenges to the policy that poses an early test for revived legal efforts to kill the rule.

1077 words