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Hearing On Proposed CWA Rule Previews Legal Arguments On Final Policy

Speakers at EPA’s public hearing on its proposed Clean Water Act (CWA) jurisdiction rule gave early signals of how they plan to attack or defend the eventual final version of the rule in court, with environmentalists hinting at procedural and substantive arguments that they could raise in litigation aimed at striking down a narrow CWA test.

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Superfund watchdog group expected to shutter

CPEO has mainly relied on funding from EPA and the Defense Department (DOD) but those funds ran out last year, “and there is no immediate prospect for new funding.”

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Finding EPA Plan Disappointing, States Plow Ahead On Strict PFAS Limits

State officials say that EPA's recently unveiled action plan to address per- and polyfluoroalkyl substances (PFAS) is disappointing and too slow, and are plowing ahead with developing their own strict standards to address heightened public concerns over the spread of chemicals in drinking water systems.

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Modeling Tool Could Aid Quest For Data On Scope Of Narrower CWA Rule

A new water modeling tool could aid states and others in the quest to quantify the number of waterbodies that would be subject to EPA’s proposed narrower Clean Water Act (CWA) jurisdiction rule, a goal that the agency has downplayed as impractical or even impossible to quantify given its tight timeline for finalizing the more-limited rule.

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Oklahoma Seeks District Court Order To End CWA Jurisdiction Patchwork

Oklahoma and national business groups are pressing a federal district judge to limit or end the nationwide patchwork of Clean Water Act (CWA) jurisdiction policies resulting from the revival of the Obama-era jurisdiction rule, arguing that the state has been forced to impose permits to protect “ephemeral” streams they say should be exempt from the law.

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Critics Warn DOE Plan To Redefine Nuclear Waste Could Undercut Cleanups

States, environmentalists and other critics say that the Energy Department's (DOE) plan to revise its definition of high-level radioactive waste (HLW) is unlawful and would allow the department to bypass cleanup mandates at major contaminated sites, though local officials are welcoming the plan, saying it will lower disposal costs and speed cleanups.

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ATSDR selects sites for PFAS exposure studies

The studies “will serve as a foundation for future studies evaluating the impact of PFAS exposure on human health,” ATSDR says.

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Carper Drops Objection On Wheeler's Nomination After EPA's Pledge On PFAS MCL

A top Senate Democrat is dropping one of several objections he had threatened to raise when the upper chamber considers Andrew Wheeler's nomination to be EPA chief later this month after the agency renewed its pledge that it “intends” to develop an enforceable drinking water standard for two of the most common perfluorinated substances.

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Carper Drops An Objection On Wheeler's Nomination After EPA's PFAS Pledge

A top Senate Democrat is dropping one of several objections he had threatened to raise when the upper chamber considers Andrew Wheeler's nomination to be EPA chief later this month after the agency renewed its pledge that it “intends” to develop an enforceable drinking water standard for two of the most common perfluorinated substances.

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Environmentalists Eye Procedural, Not Substantive, Suits To Kill CWA Rule

Environmentalists might pursue procedural challenges to EPA’s proposed narrower Clean Water Act (CWA) jurisdiction policy that allege Administrative Procedure Act (APA) violations and other non-substantive issues, believing such attacks might win favor from conservative judges who could otherwise vote to uphold the rule on its merits.

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