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Federal Facilities

Judge Blocks WOTUS Rule In Colorado While Legal Challenges Increase

A federal judge in Colorado has blocked the Trump administration’s narrowed definition of waters of the United States (WOTUS) from being implemented in that state, hours after another federal judge rejected a nationwide halt to the rule and while legal challenges to the WOTUS policy increase from environmentalists and other EPA critics.

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Judge Denies States’ Bid To Block Trump CWA Rule From Taking Effect

A federal district judge has denied Democratic states’ bid for a nationwide injunction blocking enforcement of the Trump administration’s rule narrowing the scope the Clean Water Act (CWA), holding that the states have not shown that the rule is clearly unlawful and casting doubt on their chances of winning a decision on the merits.

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6th Circuit Grapples With Mootness Queries In Suit Over 2015 WOTUS Rule

Appellate judges appeared doubtful at recent oral argument that granting a request from Ohio and Tennessee for a preliminary injunction against the now-defunct Obama-era waters of the United States (WOTUS) rule could provide relief but grappled with what their instructions to a lower court might say if the case is now moot because EPA scrapped the rule.

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EPA Reversal On Perchlorate Water Standard May Set Precedent For PFAS

In an expected move, EPA has issued a final decision that federal regulation of perchlorate in drinking water is unnecessary because water systems have sufficiently lowered the chemical’s occurrence in the water supply, potentially setting a precedent for making a similar argument against regulation of two per- and polyfluoroalkyl substances (PFAS).

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States, DOJ Spar Over Potential Nationwide Stay Of Trump WOTUS Policy

A group of Democratic-led states is urging a federal district court to apply nationwide a potential stay of the Trump administration’s waters of the United States (WOTUS) rule under the Administrative Procedure Act (APA), but the Justice Department (DOJ) and a group of Republican-led states argue any remedy should be narrowly tailored in scope.

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States Urge EPA To Address PFAS In Industrial Stormwater General Permit

Several states are asking EPA to add requirements to its proposed industrial stormwater general permit to limit pollution from per- and polyfluoroalkyl substances (PFAS) through pollution prevention actions and monitoring requirements, with Colorado warning it may deny certification of the permit without the changes.

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Several States, Industries Spar Over EPA’s PFAS Drinking Water Review

Several states and environmental groups are backing EPA’s preliminary work towards developing drinking water standards for two per- and polyfluoroalkyl substances (PFAS) and urging an expanded effort to other chemicals in the class, sparring with industries that object to broadening the effort and even dispute the initial evaluation.

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Carper Seeks Timeline for PFAS Designation, Cites Apparent OMB Delay

Senate environment panel ranking member Tom Carper (D-DE) is pressing EPA to confirm whether the White House has stalled for months an agency plan to designate two key per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the Superfund law, seeking a definitive timeline for issuing the finding.

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States urge EPA to consider broad PFAS impacts in MCL

State drinking water regulators say EPA should consider the number of states -- rather than the number of drinking water utilities -- affected by perfluorinated chemicals when setting a maximum contaminant level.

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Judge Weighs Nationwide Injunction As States Spar Over WOTUS Rule

A federal district court judge in California is seeking additional briefing on whether he could issue a nationwide injunction halting the Trump administration’s waters of the United States (WOTUS) rule, even while cautioning he has not decided, even tentatively, that Democratic state attorneys general (AGs) are entitled to an injunction.

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