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Federal Facilities

To End CWA ‘Patchwork,’ Industry Seeks Quick Rulings On 2015 Standard

Industry groups are making a fresh push for district judges to decide their long-standing challenges to the legality of the 2015 Clean Water Act (CWA) jurisdiction rule in order to end the current “patchwork” of policies on the law’s reach, even as some newly inaugurated Democratic governors are pulling their states out of those suits.

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Small-Business Groups Back Narrower CWA Rule But Seek Greater Clarity

Small-business groups are broadly backing EPA’s plan to narrow the Clean Water Act’s (CWA) reach but appear split on whether the agency’s proposal achieves that goal, with some speakers at a March 19 listening session urging EPA to make major changes to the rule in order to provide more clarity on its scope and other provisions.

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As EPA, DOD Battle, New Jersey Adopts Strict Groundwater PFAS Level

New Jersey regulators have set strict health-based groundwater cleanup standards for two common per- and polyfluoroalkyl substances (PFAS), adopting interim levels that are forty times more stringent than those being pushed by the Defense Department (DOD) in an ongoing fight with EPA over federal cleanup levels.

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EPA Takes Initial Steps On PFAS Contamination Before Superfund Listing

EPA has begun to sample for potential contamination of two per- and polyfluoroalkyl substances (PFAS) at Superfund sites even before it lists the chemicals as “hazardous substances,” suggesting it could move quickly to require cleanup at sites where the agency had previously committed not to and where prior mandates are addressed.

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PFAS plaintiffs urge 3rd Circuit to reject Navy rehearing bid

Pennsylvania residents seeking Navy funding of medical monitoring due to exposure to perfluorinated chemicals are urging a federal appeals court to let stand a ruling that allowed their claims to proceed.

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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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