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Water

Environmentalists file new suit seeking Lake Erie TMDL

The new suit targets EPA's approval of Ohio's 2018 list of impaired waters, but it echoes environmentalists' failed effort to force action based on the agency's approval of the 2016 list.

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Deregulatory Agenda Complicates EPA Messaging On PFAS Actions

The Trump administration's deregulatory agenda rolling back a host of EPA rules appears to be impeding the agency's messaging on its landmark comprehensive action plan aimed at setting environmental protections to address contamination from per- and polyfluoroalkyl substances (PFAS).

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Environmentalists Eye Procedural, Not Substantive, Suits To Kill CWA Rule

Environmentalists might pursue procedural challenges to EPA’s proposed narrower Clean Water Act (CWA) jurisdiction policy that allege Administrative Procedure Act (APA) violations and other non-substantive issues, believing such attacks might win favor from conservative judges who could otherwise vote to uphold the rule on its merits.

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EPA Hedges On Regulatory Determination For PFAS, Sparking Criticisms

EPA officials are promising to propose a threshold determination on whether to set drinking water standards for two of the most common per- and polyfluoroalkyl substances (PFAS) but are leaving the door open to the possibility that they may choose not to regulate the chemicals, an approach that is sparking widespread criticism.

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221327

EAB Finds Moot CWA NPDES Permit Appeal Linked To ‘Sue-And-Settle’

EPA's Environmental Appeals Board (EAB) has dismissed as moot a contentious Clean Water Act (CWA) permit challenge that had emerged as a test of the agency's directive against “sue-and-settle” practices, leaving a federal appellate suit as environmentalists' only means of maintaining judicial oversight over the permit.

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EPA readies CWA rule proposal for Feb. 14 publication

If the Trump administration resists calls to extend the deadline, comments would close April 15 on the proposal for a narrower jurisdiction standard.

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EPA Eyes Broad Multi-Media Action Plan On PFAS, Including Air Transport

EPA's long-awaited action plan to address perfluorinated compounds is expected to offer a broad, multi-media roadmap for addressing the substances, including efforts aimed at modeling the air transport of the chemicals, a growing concern, as well as measures under Superfund and other laws to address water and other contamination.

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Road Commission Faults EPA 'Shell Game' In High Court CWA Permit Suit

A Michigan roads commission asking the Supreme Court to let it challenge an EPA “objection” to a state-crafted Clean Water Act (CWA) permit is decrying as a “shell game” the agency's claim that such objections are not judicially reviewable final action, and arguing that the government inadvertently admitted that its actions amount to a final “veto.”

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As Pressure Mounts, EPA Expected To Continue Weighing MCLs For PFAS

EPA is set to announce that it will continue to weigh whether to set an enforceable drinking water standard for two per- or polyfluoroalkyl substances (PFAS), a step that will likely address widespread concerns that the agency had decided not to proceed with such an approach though any final determination is likely still months or years away.

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EPA rejects wastewater group's 'fraud' claim in 'blending' suit

EPA says a municipal wastewater association is overstating its accusation that the agency lied about internal deliberations in a suit over “blending” practices.

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