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Fearing High Court Ruling, EPA Proposes Two-Year Delay For CWA Rule

EPA and the Army Corps of Engineers are proposing to retroactively delay the 2015 Clean Water Act (CWA) jurisdiction rule's effective date into 2019 or beyond, in order to avoid having to apply the Obama-era policy they are seeking to repeal, if a Supreme Court ruling dissolves a nationwide stay blocking the rule's implementation.

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Science, Policy Questions Pose Major Hurdles For CWA Jurisdiction Rule

Scientific and policy questions are posing major lingering hurdles for state regulators, utilities, industry groups and others as they aim to craft recommendations for how EPA should develop a Clean Water Act (CWA) jurisdiction rule to replace the Obama-era jurisdiction regulation that critics say failed to resolve many of those questions.

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Final defense authorization bill requires national PFAS study

The House and Senate have agreed to require a national study on the health effects of perfluorinated substances, focusing on at least eight military facilities.

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EPA Outlines Options To Prioritize Chemicals For TSCA Risk Analyses

EPA is proposing for public comment multiple approaches to prioritize existing chemicals to enter the pipeline for high- or low-priority designation and potential risk evaluation as part of its new responsibilities under the revised Toxic Substances Control Act (TSCA), with some of the proposals reflecting ideas that have enjoyed industry support in the past.

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Senate Democrats Float EPA Asbestos Ban Bill Due To Fears Over Dourson

Eight Senate Democrats have introduced a bill seeking to ban asbestos -- even as EPA is working on a precedential risk evaluation of the substance under new responsibilities in the reformed Toxic Substances Control Act (TSCA) -- in part because of concerns that President Donald Trump's nominee to lead the agency's toxics office wouldn't ban its use.

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Consultant Floats Tool For Reconciling Competing CWA Jurisdiction Tests

An environmental consultant is calling on EPA to craft a new software tool that could “bridge the gap” between the Obama-era study on waters' connectivity that helped drive the 2015 Clean Water Act (CWA) jurisdiction rule and critics of the rule pushing for a narrower CWA test using “objective” criteria applicable by laypeople.

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EPA Prepares To Delay Implementation Of 2015 CWA Jurisdiction Standard

EPA has sent for White House review a proposal to delay the effective date of the currently stayed Obama-era Clean Water Act (CWA) jurisdiction rule, likely in an effort to avoid having to implement the policy if the Supreme Court dissolves an appellate court's nationwide stay of the rule before the Trump administration can repeal it.

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High Court CWA Rule Suit Poses Early Test For Gorsuch On Environment

The Supreme Court's pending case testing whether litigation over EPA's Clean Water Act (CWA) jurisdiction rule should first be heard in federal district or appeals court will be an early test for how Justice Neil Gorsuch will interpret environmental laws, observers say, as the suit will require him to decide on how to interpret the CWA.

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Mining groups urge against CWA, SMCRA overlap in EPA rule

The mining sector is calling on EPA to craft a narrow Clean Water Act jurisdiction law and to exempt activities already covered by the federal mining law.

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Internal Memos Show EPA Offices' Fears Over Narrowed Trump TSCA Rule

A series of recently released internal EPA memos underscore significant environmental and legal concerns officials in the agency's water and enforcement offices have with the toxics office's controversial changes to narrow the range of chemical uses the agency will consider when assessing and regulating substances under the new toxics law.

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