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Proposed Narrower CWA Jurisdiction Rule Triggers Slew Of Lawsuit Threats

Environmentalists are threatening EPA and the Army Corps of Engineers with a slew of lawsuit threats over the agencies' proposal to narrow the scope of the Clean Water Act (CWA), arguing that the plan to restrict the reach of the law to far fewer waters than an Obama-era CWA jurisdiction standard is unlawful.

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219957

CWA Rollback Adopts Narrower New Jurisdiction Test Than Current Rules

EPA's proposed rollback of the Obama-era Clean Water Act (CWA) jurisdiction standard limits the law's reach of tributaries and wetlands to features that contribute flow to navigable waterways in “a typical year,” a new model that appears to create a much narrower jurisdiction test than the existing “significant nexus” standard.

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219917

Talking Points Hint At 'Combo' EPA-Corps Policy To Narrow CWA's Scope

Trump administration talking points on the imminent Clean Water Act (CWA) jurisdiction rule suggest EPA will pursue what an environmentalist attorney calls a “combo” of two competing Supreme Court tests for determining the law's scope, drawing on both to produce a jurisdiction standard potentially even narrower than expected.

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219886

NAS backs alternatives to munitions OB/OD

EPA and state regulators have not adopted policies signaling a preference for such alternative technologies.

645 words

219852

EPA Eyes Dec. 11 For Proposal Narrowing Obama CWA Jurisdiction Policy

EPA and the Army Corps of Engineers are planning to unveil their proposed rule to narrow the Obama-era Clean Water Act (CWA) jurisdiction standard at a Dec. 11 EPA headquarters event, says an informed source, marking a long-awaited step that will set the terms for the next round of litigation over the proper scope of the water law.

857 words

219837

FERC's Narrow GHG Reviews For Gas Pipeline Approvals Face Court Tests

The Federal Energy Regulatory Commission's (FERC) narrow reviews of greenhouse gas and climate issues in its approvals of natural gas pipelines and other energy projects are facing their first tests in a pair of lawsuits in a key appellate court, after that court earlier required broad GHG considerations for a separate pipeline.

1458 words

219814

11th Circuit Ruling Bolsters EPA's Defense Against Superfund Tort Claims

A new appellate court ruling that says EPA-led Superfund cleanup actions are “discretionary” and exempt from the Federal Tort Claims Act (FTCA) could bolster the agency's defense against suits that seek restitution for damage caused by cleanups, including ongoing litigation over the 2015 Gold King Mine spill caused by an EPA cleanup.

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219801

Judge Rejects EPA Bid To Limit Scope Of Ruling Undoing CWA Rule Delay

A federal district judge who scrapped EPA's two-year delay of the Obama-era Clean Water Act (CWA) jurisdiction rule has rejected requests from the agency and industry groups to either reverse the ruling or limit its scope to only South Carolina, teeing up a likely appeals court fight as the Trump administration looks to broadly reinstate the delay.

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219727

Industry Seeks To Refute Key TCE Study Ahead Of EPA, Carolina Actions

Chemical industry groups have submitted to EPA and its North Carolina counterpart a draft study intended to refute the findings of a controversial 2003 toxicology study that has driven conservative risk and remedial policies on trichloroethylene (TCE) as both agencies are poised to take important steps to address the ubiquitous solvent.

1393 words

219719

Northeast State Officials Eye Organized Approach On Assessing PFAS Risks

Prompted by a federal agency's strict draft risk values released earlier this year, toxicologists in New York and other Northeast states have held a dialogue on the risks posed by per- and polyfluoroalkyl substances (PFAS), an early informal, coordinated effort to prepare for a possible review should state regulators decide to craft drinking water standards.

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