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CBD Warns OMB Of Suit If CWA Rule Sidesteps Doubts On NEPA, Species

The Center for Biological Diversity (CBD) at a recent meeting with Trump administration officials urged a full review of the environmental and enangered species impacts of its long-awaited Clean Water Act (CWA) jurisdiction standard, and warned the group will sue if -- as appears likely -- regulators ignore those requests in the pending rule.

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Court blocks Obama CWA rule in three southern states

The court order covers Louisiana, Texas and Mississippi, cutting the number of states where the Obama-era jurisdiction rule is in effect down to 23.

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Rejecting Industry Plea, EPA Lists First NPL Sites Due To Vapor Intrusion

EPA for the first time has listed contaminated sites to Superfund's National Priorities List (NPL) due to vapor intrusion, rejecting industry's opposition to listing one of the sites for fear it would set an adverse precedent by sidestepping the protocol for evaluating vapor intrusion sites.

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ORD, Lacking Rule Expertise, Leads On Science Plan, Prompting Doubts

EPA has assigned its Office of Research and Development (ORD), an office with little rulemaking experience, to take the lead in rewriting former Administrator Scott Pruitt's controversial plan barring use of studies where the underlying data is not publicly available, a move that is raising doubts about the plan's prospects for completion.

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Congress Agrees On FY19 Spending Bill, After Dropping Key Policy Riders

House and Senate negotiators have agreed on a bill funding several energy and environmental agencies after dropping a series of policy riders that would have curtailed EPA and other agencies' authorities, suggesting that upcoming legislation on EPA's fiscal year 2019 spending bill may also drop such riders.

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11th Circuit Doubts Environmentalists' Standing To Appeal CWA Rule Order

Federal appellate judges are questioning whether environmentalists have standing to challenge a district judge's order that blocked enforcement of EPA's 2015 Clean Water Act (CWA) jurisdiction rule in 13 states, giving opponents of the order just two weeks to address their doubts or face the risk of having the appeal dismissed.

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Environmentalists Fight Bid To Narrow Or Block Revival Of 2015 CWA Rule

Environmentalists are urging federal courts against granting efforts by industry, GOP states and the Trump administration to narrow or block a court order reviving the Obama-era Clean Water Act (CWA) jurisdiction rule in 26 states, saying the ruling was proper and there will be no “harm” from enforcing the 2015 water standard.

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Industry Raises Legal Warnings Over ATSDR's Strict Draft PFAS Findings

Industry and business groups are questioning the science used by a federal health agency to derive draft toxicity values for four perfluorinated chemicals, two of which adopt more conservative values than those developed by EPA, and warning that the values may be vulnerable to legal challenges.

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EPA Backs Injunction To Block CWA Rule Following Loss In 'Delay' Suit

EPA is reversing its past opposition to new court injunctions that would block enforcement of the Obama-era Clean Water Act (CWA) jurisdiction rule, agreeing with GOP-led states and industry that a recent ruling scrapping its delay of the 2015 policy means prior arguments the agency made against such injunctions are now moot.

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Critics Eye Suits On TSCA Evaluations But 'Murky' Law Complicates Strategy

Environmentalists are raising a litany of legal concerns with the Trump EPA's efforts to evaluate the first 10 existing chemicals reviewed as part of the new Toxic Substances Control Act (TSCA) program, but a “murky” situation in the recently-revised statute is complicating their strategy of when and how to challenge the evaluations.

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