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Federal Facilities

Law Professor Links WOTUS With Trump Push To Redefine ‘Showerheads’

EPA’s final rule narrowing the definition of waters of the United States (WOTUS) and the Trump administration’s separate push to redefine “showerheads” to allow more water use share a commonality of exaggerating regulatory burdens while ignoring real-world harms of the changes, according to law professor William Buzbee.

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Judge Denies WOTUS Stay In Oregon, 10th Circuit Weighs Colorado Stay

A federal judge in Oregon has denied efforts from ranchers to issue a narrowly tailored stay of the Trump administration’s rule defining waters of the United States (WOTUS) after finding the ranchers lack standing, while Colorado is urging a federal appeals court to uphold a complete stay of the rule in that state.

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In PFAS Suit, DOD Defends NEPA Categorical Exclusion For Incineration

The Defense Department (DOD) is defending its decision to use a categorical exclusion from environmental review requirements for a contract to dispose of per- and polyfluoroalkyl substances (PFAS) through incineration, disputing environmentalists’ lawsuit citing extra-record material and trying to apply defense law limits on such burning.

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House Lawmaker Weighs Prospects For Broad PFAS Regulatory Measure

A key House lawmaker backing a measure to force EPA to regulate per- and polyfluoroalkyl substances (PFAS) through various environmental laws is arguing the fight over the provision is not over despite its recent exclusion from a House defense bill, saying the measure is likely to reappear -- particularly if Joe Biden is elected president.

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Ranchers urge district court to block several WOTUS rule provisions

Plaintiffs claiming the Trump administration’s Clean Water Act jurisdiction rule is too broad say EPA deserves no deference on its reading of the water law because it broke with Supreme Court precedent.

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Waste Company Suggests Landfills May Sequester Some PFAS Waste

With pressure mounting to find safe disposal methods for per- and polyfluoroalkyl substances (PFAS), a waste management company official is urging state regulators to consider lined landfills as a method for sequestering remediation and soil PFAS waste, even as environmentalists have expressed concern about landfill disposal options.

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In Court Filing, EPA Defends Decision To Forgo Perchlorate Water Limit

EPA is defending its decision to forego regulation of the rocket fuel ingredient perchlorate in drinking water and to terminate a consent decree with environmentalists requiring such a limit, claiming that it lacks the authority to issue the standard and that legal circumstances have changed over time.

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DOD Will Consult DOJ, EPA Over Compliance With States’ PFAS Limits

The Defense Department (DOD) is weighing how to respond to states’ new drinking water standards on per- and polyfluoroalkyl substances (PFAS) and to demands for alternative or treated drinking water supplies, and will consult the Justice Department (DOJ) and EPA about DOD’s legal authorities, a top DOD environment official says.

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Critics Warn Of Weak Spots In States’ Early Efforts To Set PFAS Standards

As some states take early steps to pursue stringent drinking water and cleanup levels for per- and polyfluoroalkyl substances (PFAS), including Michigan and New York, observers are raising initial concerns about potential weak spots in state efforts to set standards -- citing in particular doubts about how Alabama and Michigan will enforce their limits.

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Hearing Tees Up House Democrats’ SDWA, PFAS Post-Election Priorities

House Democrats used a recent hearing to tee up early signals of the post-election policy priorities they will push on overhauling the Safe Drinking Water Act’s (SDWA) standard-setting process and seeking interim drinking water regulation of per- and polyfluoroalkyl substances (PFAS), though GOP lawmakers are urging restraint.

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