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Environmentalists Eye Procedural, Not Substantive, Suits To Kill CWA Rule

Environmentalists might pursue procedural challenges to EPA’s proposed narrower Clean Water Act (CWA) jurisdiction policy that allege Administrative Procedure Act (APA) violations and other non-substantive issues, believing such attacks might win favor from conservative judges who could otherwise vote to uphold the rule on its merits.

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EPA readies CWA rule proposal for Feb. 14 publication

If the Trump administration resists calls to extend the deadline, comments would close April 15 on the proposal for a narrower jurisdiction standard.

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EPA Eyes Broad Multi-Media Action Plan On PFAS, Including Air Transport

EPA's long-awaited action plan to address perfluorinated compounds is expected to offer a broad, multi-media roadmap for addressing the substances, including efforts aimed at modeling the air transport of the chemicals, a growing concern, as well as measures under Superfund and other laws to address water and other contamination.

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As Pressure Mounts, EPA Expected To Continue Weighing MCLs For PFAS

EPA is set to announce that it will continue to weigh whether to set an enforceable drinking water standard for two per- or polyfluoroalkyl substances (PFAS), a step that will likely address widespread concerns that the agency had decided not to proceed with such an approach though any final determination is likely still months or years away.

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States Threaten 'Vast Increase' In CWA 401 Denials As Corps Speeds Reviews

State water regulators are threatening a “vast increase” in the number of federal permits for pipelines and other projects they plan to block under section 401 of the Clean Water Act (CWA) in response to a recent Army Corps of Engineers memo directing that Corps' district officials limit states’ reviews under the law to 60 days in most cases.

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Wheeler Says EPA Will Publish Narrower CWA Jurisdiction Rule Next Week

Acting EPA Administrator Andrew Wheeler plans for the agency to publish its proposal to narrow the scope of Clean Water Act (CWA) jurisdiction in the Federal Register the week of Feb. 11, a long-awaited move that will formally start the 60-day clock for public comments at least two months after the rule was first unveiled.

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Push-Back On USDA Wetland Rule Changes Poses Hurdle For EPA CWA Plan

Farm groups, environmentalists and state wildlife agencies are pushing back against a quietly-issued interim rule that expands the Agriculture Department's (USDA) designations of former wetlands as “prior converted cropland,” posing a hurdle for EPA's plan to align its Clean Water Act (CWA) exclusions for converted cropland with USDA's rule.

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EPA sets Feb. 27-28 for sole hearing on new CWA jurisdiction rule

The public hearing originally set for Jan. 23 will now be held over two days in Kansas City, KS, but there is still no deadline for written comments on the proposal.

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Industry coalition pulls out of appeal in CWA rule delay challenge

Several industry groups are dropping their role in the 4th Circuit appeal of a district court decision that reinstated the Obama-era jurisdiction rule for 22 states.

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Environmentalists Seek To Block DOD's PFAS Disposal Ahead Of EPA Listing

Environmentalists are seeking to block military efforts to dispose of material containing perfluorinated compounds before EPA advances a plan to regulate the compounds under Superfund law, calling for a halt in the incineration of firefighting foam containing the chemicals and successfully objecting to disposal of contaminated soil in a New Jersey landfill.

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