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'Supplemental' CWA Rule Repeal Draws Attacks Over Factual, Legal Basis

Opponents of EPA's plan to repeal the Obama-era Clean Water Act (CWA) jurisdiction rule are attacking the agency's “supplemental” proposal that aims to further justify the effort, arguing that there are major flaws in the factual and legal basis for the repeal and warning that undoing the existing policy will create regulatory uncertainty.

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NEJAC Doubts Prospect For Water Infrastructure Fixes Absent Funding Boost

EPA's environmental justice advisors are urging the agency in a draft report to build a broad coalition to press Congress to increase funding for affordable, safe and reliable drinking water, arguing that without the funds, the agency will not be able to advance their advice to address what they call “a defining problem of the 21st century.”

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DOJ Urges Court To Uphold Ruling Rejecting CWA Nonpoint Funding Suit

The Trump administration is urging a federal district court to uphold its decision that environmentalists lacked standing for their suit aiming to block Clean Water Act (CWA) grant funds for Washington state, arguing that the plaintiffs provided “no evidence” to support their standing and have failed to justify reconsidering the ruling.

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EPA defends deferral on merits of 2015 CWA rule's protections

EPA says there was no need to consider how its delay of the 2015 jurisdiction rule would affect the environment, because the delay was not a decision on how to apply the water law in the “long term.”

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Navajo Nation residents join suits over EPA Gold King mine spill

A group of 290 farmers and ranchers from the Navajo Nation have filed a fresh complaint over EPA's role in the 2015 Gold King Mine wastewater spill.

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Citing Legal Flaws, States Urge EPA To Withdraw Or Clarify Science Rule

Citing significant legal flaws, state environmental agencies are urging EPA to withdraw or delay and clarify its proposed rule barring the use in major regulatory decisions of any science where the underlying raw data and models are not publicly available, arguing that the proposal is vague and the agency has not engaged with states on its content.

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EPA Review Of Washington Water Limits Marks Shift On Fish Consumption

EPA is opting to reconsider a 2016 regulation that revised human health water quality criteria in Washington state to account, in part, for high fish consumption rates among tribes in the state, a move that combined with actions in other states appears to mark a shift in the agency's interpretation of treaty fishing rights.

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States Urge Congress To Drop Plans To Change CWA Section 401 Process

Governors, attorneys general, state regulators and a host of other state groups are urging Congress to drop plans to amend the Clean Water Act (CWA) section 401 certification process, imperiling pending Republican legislation that seeks to limit states' ability to use the authority to block natural gas pipelines and other federally approved infrastructure projects.

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Limiting EPA Discretion, Court Orders Aggressive Stormwater Regulation

Environmentalists who have long urged EPA to expand its use of Clean Water Act (CWA) stormwater permits for individual properties have scored a major court victory in California, where a federal judge ruled that the agency must either craft permits for the properties or ban them from discharging any polluted stormwater in impaired watersheds.

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In 'Test,' Environmentalists Urge Wheeler To Break With Pruitt On Key Rules

Environmentalists are urging Acting EPA Administrator Andrew Wheeler to narrow or scrap a series of proposals that his predecessor Scott Pruitt championed before resigning last month, eyeing the agency’s coming decisions on science policy, climate regulation and other issues as key signs of whether the new acting chief will be “Pruitt 2.0.”

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