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Industries Float Legal Defenses For CWA Rule, Urge EPA To Narrow Scope

Industry groups are offering legal defenses for EPA’s proposal to narrow its Clean Water Act (CWA) jurisdiction standard compared to an Obama-era rule on the law’s reach, but they are also urging the agency to restrict jurisdiction even further than planned by placing new limits on regulating “traditional navigable waters” (TNWs).

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9th Circuit Orders EPA To Answer Objections To Chlorpyrifos Ban Reversal

A federal appellate court is ordering EPA to quickly respond to environmentalists’ objections to former Administrator Scott Pruitt’s reversal of an Obama-era proposed ban on the pesticide chlorpyrifos, an answer that would clear the way for critics of the decision to challenge the agency in courts on the merits of the reversal.

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Draft EPA FY20 Guidance Floats Plans For New Water, Enforcement Metrics

Draft EPA guidance for implementing its pending fiscal year 2020 budget includes plans from the enforcement and water offices to craft and track an array of new compliance metrics they say will provide more details on the extent of environmental violations and other factors, which will lead to more-specific policy goals for core agency programs.

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EPA Urges Court To Reject Challenge To Mercury Inventory, Waivers

EPA is urging a federal appellate court to dismiss a suit brought by states and environmentalists seeking to strengthen the agency's June 2018 mercury inventory and repeal the categories of reporting waivers it included, arguing that its rule met requirements that Congress included in its reform of the Toxic Substances Control Act (TSCA).

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NRDC says Mexichem ruling does not block suit on HFC guide

Environmentalists and a coalition of states say a recent appellate court ruling only partially vacated an Obama-era rule limiting climate-warming refrigerants, while Trump officials' guidance seeks to scrap the entire rule.

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Former EPA Air Chief Sees Standing Bar For Lawsuits Over MATS Rollback

Former Bush EPA air chief Jeffrey Holmstead is warning environmentalists and Democratic states that they lack legal standing to challenge the agency’s effort to scrap the “appropriate and necessary” cost-benefit finding underpinning the Obama-era utility air toxics rule, because they cannot show any injury from undoing the finding.

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Court Rejects Navy's Bid To Reverse Landmark PFAS Monitoring Ruling

The U.S. Court of Appeals for the 3rd Circuit has denied the Navy's petition for rehearing of a precedential ruling allowing residents near two military facilities to pursue medical monitoring claims after they were exposed to pefluorinated compounds, saying the military failed to raise its sovereign immunity arguments earlier in the case.

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After oral arguments, FERC seeks to clarify key NEPA misstatement

The commission says one of its attorneys “misspoke” regarding the commission’s stance that it cannot be deemed the “legally-relevant cause of downstream emissions” under NEPA when it lacks jurisdiction over the fuel distributor.

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Industries defend EPA policy easing air permitting requirements

A broad coalition of industry organizations in a new legal filing is backing an EPA policy that critics say will make it easier for companies to avoid onerous and expensive air permit reviews.

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Former Officials Warn EPA Lacks Legal Power To Scrap MATS Finding

Former EPA officials, including several who helped craft the Obama-era mercury and air toxics standards (MATS), are warning the Trump administration that it lacks legal authority for its proposal to scrap the cost-benefit finding underpinning the MATS rule, unless it pursues a major new cost review that the agency has so far avoided.

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