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Utilities Urge EPA To Fix SDWA Constitutional Concern In Perchlorate Rule

Rural water utilities are suggesting that a provision in the Safe Drinking Water Act (SDWA) that gives the EPA administrator “sole judgment” to determine new contaminants may be vulnerable to a constitutional challenge under the “non-delegation” doctrine, and are urging the agency to address the issue in an upcoming rule governing perchlorate.

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EPA, environmentalists clash over latest CWA rule delay order

Environmental groups and EPA are staking out competing positions on the logic behind the Nov. 26 court order that scrapped the Trump administration's delay of the Obama-era jurisdiction rule.

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Army Orders Reduced Open Burning, As NAS Eyes Alternative Methods

The Army's installations and environment office has ordered the service's commands to immediately seek to reduce the open-burning of explosives waste in the face of ongoing pressure from citizens groups to end the practice just as the National Academy of Sciences (NAS) is slated to suggest demilitarization alternatives to open burning/open detonation (OB/OD) of munitions.

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Second Ruling Scrapping CWA Rule Delay Solidifies Regulatory Patchwork

A second federal district judge has ruled that EPA's delay of the Obama-era Clean Water Act (CWA) jurisdiction rule was unlawful and scraps the Trump administration's order blocking the rule's enforcement nationwide, solidifying a regulatory patchwork on the CWA's reach as various court decisions have now revived the rule in 22 states.

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EPA Floats New Risk Values For Two PFAS, Continuing Regulatory Patchwork

EPA has released new draft toxicology assessments for two per- and polyfluoroalkyl substances (PFAS) known as GenX and PFBS, long-awaited by state agencies and other stakeholders, but the numbers -- a stricter level than North Carolina recently adopted for GenX and a weaker level than Minnesota adopted for PFBS -- continue the regulatory patchwork that EPA and states have created.

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EPA Declines Growing Calls To Set Surface Water Standards For PFAS

EPA is facing growing calls from states and other stakeholders to set surface water standards for perfluorinated compounds, but the agency currently has no plans to establish such standards, an EPA water official told state waste managers recently.

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High Court Petition Could Set CWA Standard Ahead Of Lawsuits, EPA Rule

A just-filed Supreme Court petition could provide a vehicle for the justices to set a new standard on the Clean Water Act's (CWA) scope or even strike down a notoriously vague provision that governs federal jurisdiction under the law, which could end a “thicket” of litigation on the issue and short-circuit EPA's rule to clarify the law's reach.

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EPA Downplays Impact Of Rulings Undoing Stays On CWA Standard Delay

EPA is downplaying the impact of recent court rulings overturning stays of Obama-era rules on environmentalists' challenges to the agency's delay of the 2015 Clean Water Act (CWA) jurisdiction standard, arguing in a new defense of the delay that courts should give the agency broad authority to reconsider and set aside past rules under the water law.

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States' Bid To Scrap 2015 CWA Rule Echoes Kavanaugh Test For EPA Rules

Three GOP-led states are asking a federal district court to scrap the Obama-era Clean Water Act (CWA) jurisdiction rule due to a lack of “clear” authorization from Congress for the policy, a claim that echoes Supreme Court Justice Brett Kavanaugh's preferred test for reviewing major agency rules and could bolster their suit if it reaches the high court.

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Federal district judge postpones hearing in CWA rule delay suits

Two pending challenges to the delay of the Obama-era jurisdiction rule that are pending in a New York federal district court will not be decided until at least mid-December.

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