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Federal Facilities

EPA Declines Growing Calls To Set Surface Water Standards For PFAS

EPA is facing growing calls from states and other stakeholders to set surface water standards for perfluorinated compounds, but the agency currently has no plans to establish such standards, an EPA water official told state waste managers recently.

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High Court Petition Could Set CWA Standard Ahead Of Lawsuits, EPA Rule

A just-filed Supreme Court petition could provide a vehicle for the justices to set a new standard on the Clean Water Act's (CWA) scope or even strike down a notoriously vague provision that governs federal jurisdiction under the law, which could end a “thicket” of litigation on the issue and short-circuit EPA's rule to clarify the law's reach.

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EPA Downplays Impact Of Rulings Undoing Stays On CWA Standard Delay

EPA is downplaying the impact of recent court rulings overturning stays of Obama-era rules on environmentalists' challenges to the agency's delay of the 2015 Clean Water Act (CWA) jurisdiction standard, arguing in a new defense of the delay that courts should give the agency broad authority to reconsider and set aside past rules under the water law.

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States' Bid To Scrap 2015 CWA Rule Echoes Kavanaugh Test For EPA Rules

Three GOP-led states are asking a federal district court to scrap the Obama-era Clean Water Act (CWA) jurisdiction rule due to a lack of “clear” authorization from Congress for the policy, a claim that echoes Supreme Court Justice Brett Kavanaugh's preferred test for reviewing major agency rules and could bolster their suit if it reaches the high court.

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Federal district judge postpones hearing in CWA rule delay suits

Two pending challenges to the delay of the Obama-era jurisdiction rule that are pending in a New York federal district court will not be decided until at least mid-December.

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EPA Criticizes Navy's Lack Of Transparency In Hunters Point CERCLA Review

EPA Region 9 is criticizing the Navy's management of re-sampling and cleanup work at the former Hunters Point Naval Shipyard in San Francisco, CA, saying the Navy fails in a review of the high-profile cleanup to be upfront about the falsified radiological data sampling that a cleanup contractor was found to have done throughout the site.

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NAS preparing for new DOD projects on TCE, lead

The National Academy of Sciences (NAS) is preparing to review Defense Department risk analyses of trichloroethylene (TCE) and lead, chemicals for which EPA has struggled to craft risk estimates.

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EPA Stresses Adhering To Timelines In Federal Facility Cleanup Disputes

EPA's enforcement and acting waste office chiefs have issued guidance to regional staff reinforcing the importance of adhering to established timelines for disputes with federal facilities over cleanups, responding to Superfund reforms that EPA leadership adopted last year to speed cleanups and ensure disputes between federal parties do not slow work.

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EPA's CWA Rule Faces Uncertain Future Despite Wheeler's '30-Day' Target

EPA's replacement Clean Water Act (CWA) jurisdiction standard faces a highly uncertain future, with agency officials privately warning stakeholders that there is no clear timeline for proposing it because the rule is still under White House review -- despite Acting Administrator Andrew Wheeler targeting the rule's release within 30 days.

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Environmentalists counter industry bid for nationwide CWA rule order

A multi-sector industry coalition's request for a nationwide bar on enforcing the Obama-era Clean Water Act jurisdiction standard is “blatant forum-shopping,” environmentalists claim.

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