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Federal Facilities

9th Circuit Judges Probe Knowledge, Vagueness In CWA Criminal Case

A three-judge panel of the U.S. Court of Appeals for the 9th Circuit focused questions at Sept. 14 oral argument on the level of knowledge necessary for someone to be criminally liable under the Clean Water Act (CWA) of discharging fill material without a permit and whether the vagueness of key terms in the act affects that knowledge.

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NRDC challenges EPA decision to forgo perchlorate water standard

Continuing its long-running push for a perchlorate drinking water limit, the Natural Resources Defense Council is asking a federal appeals court to review EPA’s decision to forgo a final standard.

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DOJ, Industry Defend WOTUS Rule’s Waste Treatment System Exclusion

The Justice Department (DOJ) and a coalition of 15 industry groups are defending the Trump administration’s exclusion of waste treatment systems from the definition of waters of the United States (WOTUS) rule, arguing that contrary to environmentalists’ claims the waiver is lawful, reasonable, and longstanding.

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PFAS Incineration Test Hits Hurdle While EPA Touts Alternatives Contest

EPA Administrator Andrew Wheeler is blaming an Obama-era agency official for efforts that resulted in nixing a research plan to test per- and polyfluoroalkyl substance (PFAS) incineration methods in New Jersey, while the administrator is touting the launch of a $50,000 contest to find alternative disposal methods to burning the substances.

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EPA Eyes Next Steps To Clarify WOTUS, Groundwater Permitting Policies

EPA is weighing its next steps on two major Clean Water Act (CWA) policies, issuing guidance documents with the Army Corps of Engineers to clarify their joint waters of the United States (WOTUS) jurisdiction rule, and exploring what type of guidance to issue on a landmark Supreme Court groundwater ruling, says a top agency official.

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Judge Denies Industry Groups’ Participation In WOTUS Rule Litigation

A federal judge in California has denied motions from a coalition of industry groups and a pair of Idaho landowners to intervene in a challenge filed by Democratic state attorneys general to the Trump administration’s narrowed waters of the United States (WOTUS) definition, saying the case will be adjudicated on the administrative record.

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Environmental Groups Urge Court To Uphold Stay Of WOTUS In Colorado

Environmental and academic groups are urging the U.S. Court of Appeals for the 10th Circuit to uphold a lower court’s stay of the Trump administration’s waters of the United States (WOTUS) rule, arguing the rule poses significant harm to the state’s residents and that the policy’s economic analysis relies on irrational and ill-informed assumptions.

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Law Professor Links WOTUS With Trump Push To Redefine ‘Showerheads’

EPA’s final rule narrowing the definition of waters of the United States (WOTUS) and the Trump administration’s separate push to redefine “showerheads” to allow more water use share a commonality of exaggerating regulatory burdens while ignoring real-world harms of the changes, according to law professor William Buzbee.

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Judge Denies WOTUS Stay In Oregon, 10th Circuit Weighs Colorado Stay

A federal judge in Oregon has denied efforts from ranchers to issue a narrowly tailored stay of the Trump administration’s rule defining waters of the United States (WOTUS) after finding the ranchers lack standing, while Colorado is urging a federal appeals court to uphold a complete stay of the rule in that state.

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In PFAS Suit, DOD Defends NEPA Categorical Exclusion For Incineration

The Defense Department (DOD) is defending its decision to use a categorical exclusion from environmental review requirements for a contract to dispose of per- and polyfluoroalkyl substances (PFAS) through incineration, disputing environmentalists’ lawsuit citing extra-record material and trying to apply defense law limits on such burning.

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