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Federal Facilities

Doubting RCRA Waiver, Navy Eyes Court's PFAS Medical Monitoring Order

The Navy is asking a federal appeals court to reconsider its precedential ruling allowing residents near two military facilities to pursue medical monitoring claims after they were exposed to pefluorinated compounds, arguing the court erred when it found that federal waste law unequivocally waived sovereign immunity to allow such a remedy.

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New Hampshire's Proposed PFAS Levels Underscore Patchwork Approach

New Hampshire's recently proposed safe drinking water standards for several perfluorinated compounds at levels somewhat less stringent than other recent state proposals underscore the continuing patchwork of safety levels states are creating for the emerging contaminants in the absence of federal drinking water standards.

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Trump touts rollback of 'ridiculous' CWA jurisdiction rule

“We're saving farmers and ranchers from one of the most ridiculous regulations ever imposed on anybody in our nation: the Waters of the United States rule,” Trump told a major farm group.

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Environmentalists Expand Push For State PFAS Technology Standards

Environmentalists are petitioning officials in Michigan -- a state with extensive contamination from perfluorinated compounds -- to adopt technology-based drinking water standards for the entire class of chemicals, expanding on a campaign that has so-far focused on Northeast states.

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Judge orders military to produce stormwater fees policy

A federal claims judge is rejecting arguments that documents explaining why the Army Corps of Engineers has not paid municipal stormwater fees are subject to attorney-client privilege.

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Industry, EPA Fight Over CWA Could Raise Bar On Policy Reversal Lawsuits

Industry groups challenging the Obama administration’s Clean Water Act (CWA) jurisdiction rule are clashing with EPA over novel procedural arguments that, depending on how federal courts respond, could set a high bar not only for lawsuits over the reach of the water law but a host of future policy reversals.

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States Take Steps To Adopt Stricter PFAS Levels Than EPA Advisories

Expert panels in Michigan and New York -- two states that are grappling with contamination from per- and polyfluoroalkyl substances (PFAS) -- say that EPA's health advisory levels for the contaminants in drinking water are not adequately protective, opening the door for regulators to adopt stricter standards than EPA's.

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EPA's Toxics Office Faces Difficulty Meeting TSCA's 'Challenging' Deadlines

EPA's toxics office is grappling with meeting a series of steep deadlines that lawmakers imposed when they revised the Toxic Substances Control Act (TSCA) in 2016, a top official says.

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Attorneys Query EPA's TSCA Prioritization Approach After Low Risk Finding

Industry attorneys are questioning the prioritization approach EPA used to select the first 10 chemicals EPA is assessing as part of its new Toxic Substances Control Act (TSCA) program for existing chemicals, arguing that the selection of Pigment Violet 29 (PV29), which appears to be a low-risk chemical, begs the question of how it could be deemed a priority.

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District judge weighs arguments over 2015 CWA jurisdiction rule

A federal district judge in Georgia could soon hand down the first decision on the merits of the Obama administration's Clean Water Act jurisdiction rule.

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