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Federal Facilities

Judge orders military to produce stormwater fees policy

A federal claims judge is rejecting arguments that documents explaining why the Army Corps of Engineers has not paid municipal stormwater fees are subject to attorney-client privilege.

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Industry, EPA Fight Over CWA Could Raise Bar On Policy Reversal Lawsuits

Industry groups challenging the Obama administration’s Clean Water Act (CWA) jurisdiction rule are clashing with EPA over novel procedural arguments that, depending on how federal courts respond, could set a high bar not only for lawsuits over the reach of the water law but a host of future policy reversals.

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States Take Steps To Adopt Stricter PFAS Levels Than EPA Advisories

Expert panels in Michigan and New York -- two states that are grappling with contamination from per- and polyfluoroalkyl substances (PFAS) -- say that EPA's health advisory levels for the contaminants in drinking water are not adequately protective, opening the door for regulators to adopt stricter standards than EPA's.

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EPA's Toxics Office Faces Difficulty Meeting TSCA's 'Challenging' Deadlines

EPA's toxics office is grappling with meeting a series of steep deadlines that lawmakers imposed when they revised the Toxic Substances Control Act (TSCA) in 2016, a top official says.

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Attorneys Query EPA's TSCA Prioritization Approach After Low Risk Finding

Industry attorneys are questioning the prioritization approach EPA used to select the first 10 chemicals EPA is assessing as part of its new Toxic Substances Control Act (TSCA) program for existing chemicals, arguing that the selection of Pigment Violet 29 (PV29), which appears to be a low-risk chemical, begs the question of how it could be deemed a priority.

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District judge weighs arguments over 2015 CWA jurisdiction rule

A federal district judge in Georgia could soon hand down the first decision on the merits of the Obama administration's Clean Water Act jurisdiction rule.

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Echoing MTBE, Panel Merges Scores Of PFAS Claims On Firefighting Foam

A federal panel on multidistrict litigation (MDL) has consolidated scores of personal injury, groundwater contamination and other suits against companies involved in producing firefighting foam that contained perfluorinated compounds, echoing the path courts took when they consolidated cases over groundwater contamination from the gasoline additive methyl tertiary butyl ether (MTBE).

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Democrats Launch Inquiry Into EPA Approval Of 'New' PFAS Under TSCA

Even as EPA grapples with how to manage past and ongoing releases of per- and polyfluoroalkyl substances (PFAS), House Democrats are pressing the agency to explain its actions in approving hundreds of “new” PFAS under its Toxic Substances Control Act (TSCA) authorities before they enter commerce.

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Environmentalists Press States For SDWA Technology Standard For PFAS

New England environmentalists are quietly pressing states in the region to set enforceable “treatment technique” standards for drinking water utilities to address thousands of chemicals in the per- and polyfluoroalkyl substances (PFAS) class, an interim step they hope will limit exposures as they await chemical-by-chemical health-based drinking water standards.

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CWA Rule Creates New Data Collection Burdens Despite Simplicity Claims

The Trump administration's proposed narrower Clean Water Act (CWA) jurisdiction rule would create major new burdens for collecting and analyzing data to determine whether waterbodies are subject to the law, observers say, pointing to the regulatory text that acknowledges the extensive additional work regulators might have to undertake.

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