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7th Circuit Limits Deference To Agencies On CWA Jurisdictional Findings

A new federal appellate ruling limits the deference that EPA and the Army Corps of Engineers will receive when they defend their Clean Water Act (CWA) jurisdictional determinations (JDs) from lawsuits, signaling that even the forgiving deference standard in those cases will not result in an automatic win for the government.

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EPA Region 1 Chief Signals Possible Support For Interim PFAS Measures

EPA Region 1 Administrator Alexandra Dunn says the agency may be willing to take interim steps to address perfluorinated chemicals before the agency completes work on the four action items that Administrator Scott Pruitt recently announced, telling a regional forum that additional actions may be folded into a national management plan slated for released later this year.

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Supplemental EPA Proposal Aims To Bolster Case For CWA Rule's Repeal

EPA and the Army Corps of Engineers have released an overhauled proposal to withdraw the 2015 Clean Water Act (CWA) jurisdiction rule that greatly expands on their legal arguments for abandoning the Obama administration's signature water policy, a move that could help bolster the repeal to fend off expected legal challenges.

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EPA Defends CWA Rule Delay Against Charge That Pruitt's Mind Is 'Closed'

EPA is pushing back against environmentalists' claim that its rulemaking process on the scope of the Clean Water Act (CWA) is tainted by Administrator Scott Pruitt's “unalterably closed mind” on the subject, arguing that his strident opposition to the 2015 rule the agency is seeking to repeal falls short of the “very high bar” courts have set for that test.

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Judge denies oil firm's bid for appeal on CWA jurisdiction tests

The judge rejected a motion that would have teed up an immediate appeal of which Clean Water Act jurisdiction standard applies in the 9th Circuit.

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EPA Defends Delay Of CWA Rule As Necessary Response To Court Stays

EPA is arguing that its two-year delay of the 2015 Clean Water Act (CWA) jurisdiction rule was the only reasonable response to court orders that blocked the regulation's implementation in a broad swath of states, urging a judge to reject environmentalists' claim that the delay is unlawful because it is procedurally flawed and lacks a reasonable basis.

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ATSDR Seeks To Downplay Effect Of PFAS Risk Levels Stricter Than EPA's

A federal health agency has released its much-anticipated draft toxicological profile for perfluorinated chemicals that recommends risk values more conservative than EPA's, but the agency is downplaying potential health concerns from exposures above its limits, cautioning the public not to read its levels as cleanup or health effects standards.

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Texas business group launches new suit over Obama-era CWA rule

The suit seeks to block not only the 2015 rule but any future rule from asserting authority over waters known as Texas coastal prairie wetlands.

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EPA Sends New CWA Jurisdiction Rule To OMB But Legal Battles Escalate

EPA has sent a narrower Clean Water Act (CWA) jurisdiction rule for White House pre-publication rule to replace the Obama-era jurisdiction rule, but even though the submission marks a major step forward in the agency's repeal-and-replace plan the legal battles over the existing rule and EPA's replacement process are escalating.

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Enforcement Appeal On Use Of Kennedy CWA Test Could Boost EPA Rule

A California construction company is trying to force a new appellate decision on which of two competing Supreme Court Clean Water Act (CWA) jurisdiction tests judges should apply, just as EPA is readying a new jurisdiction rule that would use the firm's preferred narrower test and could get a major boost if courts start to back that standard.

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