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DOJ Asks Courts To Avoid CWA Jurisdiction Suits Amid Policy ‘Patchwork’

The Department of Justice is urging federal courts to avoid taking up cases on the scope of the Clean Water Act (CWA) until it finalizes a rule to narrow an Obama-era policy on the law’s reach, even as the Trump administration continues to issue jurisdictional findings for waterbodies using a “patchwork” of varying standards.

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EPA Drops Bid To Revive CWA Rule Delay, Cementing National ‘Patchwork’

EPA has voluntarily withdrawn its appeals of federal district court rulings striking down its delay of the Obama-era Clean Water Act (CWA) jurisdiction rule, cementing for now a nationwide “patchwork” of regulations on the law’s scope that will persist until the White House finalizes a policy to repeal or replace the 2015 jurisdiction rule.

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Wheeler Prioritizes EPA Research On PFAS Impacts On Agriculture

EPA Administrator Andrew Wheeler is tasking the agency's Office of Research & Development (ORD) to lead efforts with other offices to steer existing funds toward projects that will aid in managing the impact of per- and polyfluoroalkyl substances (PFAS) on agriculture and rural economies, filling a gap in the agency's recent action plan.

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Democrats Launch Broad Inter-Agency Inquiry Into EPA's PFAS Policies

House and Senate Democrats are launching a broad investigation into the role EPA and other agencies played in development of its policies to address per- and polyfluoroalkyl substances (PFAS), renewing concerns that the Defense Department (DOD) and other officials may have blocked strict regulatory plans.

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New Mexico Court Push May Limit Impact Of Key Suit On State PFAS Powers

New Mexico officials are seeking to steer Defense Department litigation challenging their permit restrictions on per- and polyfluoroalkyl substances (PFAS) to state court, a move that if successful could limit any precedent the litigation may set on federal officials' ability to challenge such state actions.

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Hearing On Proposed CWA Rule Previews Legal Arguments On Final Policy

Speakers at EPA’s public hearing on its proposed Clean Water Act (CWA) jurisdiction rule gave early signals of how they plan to attack or defend the eventual final version of the rule in court, with environmentalists hinting at procedural and substantive arguments that they could raise in litigation aimed at striking down a narrow CWA test.

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Superfund watchdog group expected to shutter

CPEO has mainly relied on funding from EPA and the Defense Department (DOD) but those funds ran out last year, “and there is no immediate prospect for new funding.”

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Finding EPA Plan Disappointing, States Plow Ahead On Strict PFAS Limits

State officials say that EPA's recently unveiled action plan to address per- and polyfluoroalkyl substances (PFAS) is disappointing and too slow, and are plowing ahead with developing their own strict standards to address heightened public concerns over the spread of chemicals in drinking water systems.

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Modeling Tool Could Aid Quest For Data On Scope Of Narrower CWA Rule

A new water modeling tool could aid states and others in the quest to quantify the number of waterbodies that would be subject to EPA’s proposed narrower Clean Water Act (CWA) jurisdiction rule, a goal that the agency has downplayed as impractical or even impossible to quantify given its tight timeline for finalizing the more-limited rule.

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Oklahoma Seeks District Court Order To End CWA Jurisdiction Patchwork

Oklahoma and national business groups are pressing a federal district judge to limit or end the nationwide patchwork of Clean Water Act (CWA) jurisdiction policies resulting from the revival of the Obama-era jurisdiction rule, arguing that the state has been forced to impose permits to protect “ephemeral” streams they say should be exempt from the law.

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