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Federal Facilities

'Supplemental' CWA Rule Repeal Draws Attacks Over Factual, Legal Basis

Opponents of EPA's plan to repeal the Obama-era Clean Water Act (CWA) jurisdiction rule are attacking the agency's “supplemental” proposal that aims to further justify the effort, arguing that there are major flaws in the factual and legal basis for the repeal and warning that undoing the existing policy will create regulatory uncertainty.

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EPA defends deferral on merits of 2015 CWA rule's protections

EPA says there was no need to consider how its delay of the 2015 jurisdiction rule would affect the environment, because the delay was not a decision on how to apply the water law in the “long term.”

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States urge Ohio district court to block Obama-era CWA rule enforcement

Three GOP-led states say their opponents, including the Trump administration, have failed to make a case opposing a judicial stay of the 2015 jurisdiction rule.

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Small businesses, local governments defend CWA rule's clarity

New briefs from small business owners and state and local elected officials argue that the Obama-era jurisdiction rule is clear and deserves deference as a reasonable interpretation of complex science.

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EPA Faces Push-Back On Bid To Sideline CWA Rule Merits In Litigation

Environmentalists and states are renewing their attacks on EPA's refusal to consider the merits of the 2015 Clean Water Act (CWA) jurisdiction rule in suits that target both the rule itself and the delay on its enforcement, urging courts to reject the administration's claims that the legality of the Obama-era standard is irrelevant until its final repeal.

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EPA Defends TSCA Review Framework From Environmentalists' Lawsuit

EPA is defending its framework for reviewing new chemicals under the revised Toxic Substances Control Act (TSCA) against an environmentalist lawsuit by arguing that the policy is consistent with the 2016 law, but also says the framework is a draft that it might never finalize and therefore critics lack legal standing for their challenge.

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Environmentalists say CWA rule delay fails 9th Circuit tests

Groups challenging the Trump administration's delay of the Obama-era jurisdiction rule say EPA's justification does not satisfy appellate precedent for the circuit.

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Drinking Water Utilities Warn EPA Of Gaps As It Weighs PFAS Standards

Drinking water utilities are warning EPA not to leap ahead with regulatory actions on perfluorinated chemicals before significant gaps are addressed in detecting and treating the chemicals, determining their health effects and ensuring the country has enough laboratory capacity to handle a higher demand for chemical testing.

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DOJ urges district court to wait on request for CWA rule injunction

The Department of Justice says there is no need for courts to consider requests to block enforcement of the Obama-era jurisdiction rule while its administrative stay remains in place.

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PLF Rejects 'Ethical Mystery' Claim In CWA Criminal Enforcement Appeal

Free-market law firm Pacific Legal Foundation (PLF) is defending its conduct in a key Clean Water Act (CWA) criminal case that could result in a new Supreme Court test for how to determine the law's scope, rejecting a public defender's claim that there is an “ethical mystery” in PLF's alleged talks with the defendant in the case.

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