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CWA Rule Critics Launch Suits To Block Obama Policy In Democratic States

Ranchers and local-government groups are launching new lawsuits aiming to preserve or expand the current bar on EPA and the Army Corps of Engineers implementing their 2015 Clean Water Act (CWA) jurisdiction rule in certain states, pushing back against new Democratic governors who have withdrawn from suits over the rule.

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Industries Float Legal Defenses For CWA Rule, Urge EPA To Narrow Scope

Industry groups are offering legal defenses for EPA’s proposal to narrow its Clean Water Act (CWA) jurisdiction standard compared to an Obama-era rule on the law’s reach, but they are also urging the agency to restrict jurisdiction even further than planned by placing new limits on regulating “traditional navigable waters” (TNWs).

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Court Rejects Navy's Bid To Reverse Landmark PFAS Monitoring Ruling

The U.S. Court of Appeals for the 3rd Circuit has denied the Navy's petition for rehearing of a precedential ruling allowing residents near two military facilities to pursue medical monitoring claims after they were exposed to pefluorinated compounds, saying the military failed to raise its sovereign immunity arguments earlier in the case.

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Resisting EPA, DOD Chief Defends Eased PFAS Groundwater Cleanup Level

Acting Defense Secretary Patrick Shanahan is strongly defending his department's stance that the acceptable risk level for remediating groundwater contaminated with per- and polyfluoroalkyl substances (PFAS) should be much weaker than the 70 parts-per-trillion (ppt) level that EPA favors, raising doubts that officials will be able to quickly issue a long-promised policy.

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Environmentalists Preview Legal Attacks On Narrow CWA Jurisdiction Rule

Environmentalists and Democrats are using their comments on EPA’s proposed narrower Clean Water Act (CWA) jurisdiction rule to preview the legal attacks they will make on any final version in guaranteed litigation, saying the rule has a host of procedural flaws, breaks with Supreme Court precedent, and exceeds the agency’s authority.

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Despite Bipartisan Support, Officials Doubt PFAS Bills' Prospects

A top Defense Department (DOD) environment official is expressing doubt over prospects for bipartisan and bicameral legislation that seeks to boost regulation and funding for addressing cleanup of per- and polyfluoroalkyl substances (PFAS), an assessment that at least one top Democrat appears to share.

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EPA's Toxics Office Eyes Addressing PFAS In Smaller Subclasses

EPA's toxics office is eying the possibility of eventually addressing per- and polyfluoroalkyl substances (PFAS) in small subclasses, an approach that would likely ease efforts to deal with the thousands of chemicals in the class though it could set up obstacles for industry if newer PFAS are part of a heavily regulated subclass.

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Wheeler Faults States’ Criticism Of EPA’s PFAS Action Plan As ‘Inaccurate’

EPA Administrator Andrew Wheeler is strongly rejecting state regulators’ criticism of the Trump administration’s action plan targeting per- and polyfluoroalkyl substances (PFAS), saying their recent letter criticizing the plan includes “inaccurate” statements, such as that the plan fails to address the contaminants broadly as a class.

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States Step Up Criticism Of EPA's PFAS Plan, Seek Binding Mandates

Groups representing state environment officials are publicly criticizing EPA's recently released multi-media action plan for addressing per- and polyfluoroalkyl substances (PFAS), citing weaknesses across many program areas and calling for the agency to go farther such as by setting binding standards for contaminants across multiple media.

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Bipartisan House group seeks DOD funding boost for PFAS cleanups

The PFAS Task Force is urging appropriators to provide “robust” funding to remediate PFAS contamination at both active and closed military bases.

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