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CWA Rule Creates New Data Collection Burdens Despite Simplicity Claims

The Trump administration's proposed narrower Clean Water Act (CWA) jurisdiction rule would create major new burdens for collecting and analyzing data to determine whether waterbodies are subject to the law, observers say, pointing to the regulatory text that acknowledges the extensive additional work regulators might have to undertake.

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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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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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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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NAS backs alternatives to munitions OB/OD

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

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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.

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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.

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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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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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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.

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