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EPA Defends ‘Special Case’ CWA Exclusion From Legal Challenges

EPA is urging a federal district court to find that it properly excluded 1,365 acres of salt ponds adjacent to San Francisco Bay from Clean Water Act (CWA) jurisdiction, one of the rare cases where EPA has invoked its “special case” authority allowing it, rather than the Army Corps of Engineers, to make the final CWA jurisdictional determination.

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House Lawmakers Launch Early Push For PFAS Measures In Defense Bill

House lawmakers are launching an early push to try to attach stalled policy measures to regulate per- and polyfluoroalkyl substances (PFAS) to next year’s defense authorization bill, seeking to build on efforts late last year that added a host of PFAS measures to the fiscal year 2020 National Defense Authorization Act (NDAA).

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Environmentalists file new suit over EPA’s Montana nutrients decision

Upper Missouri Waterkeeper argues the agency and state are illegally attempting to circumvent the Clean Water Act’s goals by eliminating science-based numeric nutrient criteria.

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Pelosi Seeks Water Infrastructure In Next Virus Bill But Form Is Unclear

House Speaker Nancy Pelosi (D-CA) says she wants to include assistance for the water sector in the next round of coronavirus legislation, though utility sources say it remains unclear whether that assistance will include increasing EPA infrastructure programs or other measures, especially given a focus on crafting a bipartisan bill.

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SAB Votes To Review EPA’s Draft Lead And Copper Drinking Water Rule

EPA’s Science Advisory Board (SAB) has voted to review the agency’s proposed changes to its lead and copper drinking water rule (LCR) after a majority of members agreed March 30 there was value in examining several aspects of the rule, including its cost-benefit analysis, exposure modeling, and the effectiveness of risk communication efforts.

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9th Circuit Rejects EPA Bid To Rehear Landmark TMDL Decision

The U.S. Court of Appeals for the 9th Circuit has denied EPA’s request to reconsider a three-judge panel’s landmark ruling that expands a controversial “constructive submission” judicial doctrine forcing the agency to develop waterbody cleanup plans when states have failed to act, opening the door to a possible Supreme Court appeal.

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Court upholds BLM fracking rule repeal

“Given this narrow scope of review, the Court thus cannot conclude that BLM’s reasoning was contrary to the evidence presented or that the evidence compels a different result,” the court ruled.

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IRS poised to issue plan barring tax deductions for some settlements

The proposal may not be welcomed by industry if it bars deductions for most settlements.

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Continuing Push To Limit SEPs, DOJ’s Clark May Seek Citizen Suit Curbs

Weeks after barring EPA and the Justice Department from using supplemental environmental projects (SEPs) in civil settlements, Jeffrey Clark, the Justice Department’s (DOJ) environment chief, says he is now weighing whether he can also prohibit their use in citizen enforcement suits, while also suggesting he may seek to limit the suits themselves.

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Water Sector Continues Push For Coronavirus Aid In Future Legislation

Left out of the Senate’s $2 trillion coronavirus economic stimulus bill, the water sector is continuing its push for federal assistance to help utilities and low-income customers pay for their services, redoubling efforts to engage with congressional staff and lawmakers and eyeing potential future rounds of legislation, water utility sources say.

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