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Litigation

Judge Rejects EPA Bid To Limit Scope Of Ruling Undoing CWA Rule Delay

A federal district judge who scrapped EPA's two-year delay of the Obama-era Clean Water Act (CWA) jurisdiction rule has rejected requests from the agency and industry groups to either reverse the ruling or limit its scope to only South Carolina, teeing up a likely appeals court fight as the Trump administration looks to broadly reinstate the delay.

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Judge stays deadline for climate-related TMDL

The stay will clear the way for EPA to appeal to the 9th Circuit the thorny question of whether EPA must craft cleanup plans in cases where states have not.

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High court declines review of DHS’ power to waive environmental laws

The Supreme Court will not hear environmentalists’ challenge to the law that gives broad waiver authority to the Department of Homeland Security, but more district-level suits are still possible.

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TVA Urges 6th Circuit To Let Stand Rejection Of CWA Groundwater Case

The Tennessee Valley Authority (TVA) is calling on the U.S. Court of Appeals for the 6th Circuit to deny environmentalists' bid for rehearing of a divided panel’s holding that TVA cannot face Clean Water Act (CWA) liability for groundwater leaks from its coal ash storage, arguing the decision did not break with precedent or create a circuit split.

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Supreme Court Seeks White House's Views On CWA Groundwater Lawsuits

The Supreme Court is giving the Trump administration just one month to weigh in on whether the Clean Water Act (CWA) limits pollution that travels through groundwater to protected surface waters, potentially posing a difficult test for EPA as the agency is in the early stages of crafting a rule or guidance to address the same question.

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EIP drops FOIA challenge to EPA political reviews

Environmentalists are dropping their challenge to EPA's policy allowing unlimited political review of FOIA disclosures after the agency issued a new policy limiting the reviews.

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Utilities Urge EPA To Fix SDWA Constitutional Concern In Perchlorate Rule

Rural water utilities are suggesting that a provision in the Safe Drinking Water Act (SDWA) that gives the EPA administrator “sole judgment” to determine new contaminants may be vulnerable to a constitutional challenge under the “non-delegation” doctrine, and are urging the agency to address the issue in an upcoming rule governing perchlorate.

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High Court Urged To Stop EPA 'Tyranny' Of Vetoes Blocking CWA Permits

Supporters of a Michigan roads commission's request for the Supreme Court to let it sue EPA over the agency's “objection” to a state-crafted Clean Water Act (CWA) dredge-and-fill permit say the case is a vital effort to prevent the agency's “tyranny” in vetoing permits for state land use actions without facing judicial review of such decisions.

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States, industry clash over EPA plan to delay landfill GHG rule

The agency's proposal would give states three years -- until August 2019 -- to submit a compliance plan for the 2016 methane standards for existing facilities, while also extending EPA's deadlines to review plans.

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EPA Imposes Obama-Era RMP Rule Mandates Despite Looming Rollback

In compliance with an appellate court order, EPA is issuing a final rule imposing requirements of the Obama administration's January 2017 final rule strengthening the agency's Risk Management Plan (RMP) facility accident prevention program, despite plans to issue early next year a final rule largely scrapping the Obama-era rule.

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