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Federal Facilities

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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220140

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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220142

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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220034

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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220027

Proposed Narrower CWA Jurisdiction Rule Triggers Slew Of Lawsuit Threats

Environmentalists are threatening EPA and the Army Corps of Engineers with a slew of lawsuit threats over the agencies' proposal to narrow the scope of the Clean Water Act (CWA), arguing that the plan to restrict the reach of the law to far fewer waters than an Obama-era CWA jurisdiction standard is unlawful.

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219957

CWA Rollback Adopts Narrower New Jurisdiction Test Than Current Rules

EPA's proposed rollback of the Obama-era Clean Water Act (CWA) jurisdiction standard limits the law's reach of tributaries and wetlands to features that contribute flow to navigable waterways in “a typical year,” a new model that appears to create a much narrower jurisdiction test than the existing “significant nexus” standard.

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219917

Talking Points Hint At 'Combo' EPA-Corps Policy To Narrow CWA's Scope

Trump administration talking points on the imminent Clean Water Act (CWA) jurisdiction rule suggest EPA will pursue what an environmentalist attorney calls a “combo” of two competing Supreme Court tests for determining the law's scope, drawing on both to produce a jurisdiction standard potentially even narrower than expected.

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219886

NAS backs alternatives to munitions OB/OD

EPA and state regulators have not adopted policies signaling a preference for such alternative technologies.

645 words

219852

EPA Eyes Dec. 11 For Proposal Narrowing Obama CWA Jurisdiction Policy

EPA and the Army Corps of Engineers are planning to unveil their proposed rule to narrow the Obama-era Clean Water Act (CWA) jurisdiction standard at a Dec. 11 EPA headquarters event, says an informed source, marking a long-awaited step that will set the terms for the next round of litigation over the proper scope of the water law.

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219837

FERC's Narrow GHG Reviews For Gas Pipeline Approvals Face Court Tests

The Federal Energy Regulatory Commission's (FERC) narrow reviews of greenhouse gas and climate issues in its approvals of natural gas pipelines and other energy projects are facing their first tests in a pair of lawsuits in a key appellate court, after that court earlier required broad GHG considerations for a separate pipeline.

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219814

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