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Water

OMB reviewing Army Corps’ new CWA 401 guidance for states

The guidance will outline the conditions under which states may take more than 60 days to review requests for water quality certifications that allow energy and other projects to proceed.

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222728

EAB Backing Of EPA’s Deferral To States Raises Bar For CWA Permit Suits

A new ruling from EPA’s Environmental Appeals Board (EAB) sets a high bar for litigants to overcome deference to a state’s interpretation of ambiguities in its own Clean Water Act (CWA) permitting rules, holding that Idaho environmentalists fell far short of the standard in their challenge to a CWA discharge permit.

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Report lists 475 facilities may be discharging PFAS

The Environmental Working Group (EWG) analyzed two EPA online databases and data from a New York survey to identify 475 industrial sites known to produce or use PFAS or are suspected of using PFAS.

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EPA Drops Appeal Of Stormwater Suit, Teeing Up Expansion Of Permits

EPA has quietly withdrawn its appeal of a federal district court’s order that backed environmentalists’ petition to expand the universe of facilities subject to Clean Water Act (CWA) stormwater discharge permits, signaling that it will move to comply with the order though officials have made no formal statement on how they plan to proceed.

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222699

EPA’s PFAS Groundwater Guidance Draws Wide-Ranging Criticisms

EPA’s interim draft guide for addressing per- and polyfluoroalkyl substances (PFAS) in groundwater is drawing wide-ranging criticisms, with environmentalists charging it is too weak, industry questioning its scientific basis and the agency’s procedures in developing it and states charging it does not adequately preserve their requirements.

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IG Investigates EPA Region 5 Mine Review Seen As Test For Faster Permits

EPA’s Office of Inspector General (OIG) is investigating complaints that Trump administration officials suppressed Region 5 staff’s critical comments on Minnesota regulators’ draft Clean Water Act (CWA) permit for a controversial mine, escalating a dispute that is seen as a major test case for the agency’s efforts to accelerate permitting.

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TVA Agrees To Excavate Contested Ash Site Despite Court Victory

The Tennessee Valley Authority (TVA) has agreed to excavate coal ash from a leaking waste impoundment that was at the center of both a closely watched Clean Water Act (CWA) citizen suit and a state enforcement action, handing environmentalists a win on the issue even after a federal appeals court rejected their CWA claims.

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Oklahoma appeals suit seeking to block CWA jurisdiction rule

Oklahoma and a range of industry groups will ask the U.S. Court of Appeals for the 10th Circuit to block enforcement of the Obama-era jurisdiction rule in the Sooner State.

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Coalition forms to combat toxic exposures to military personnel

The Toxic Exposures in the American Military (TEAM) coalition -- which is currently comprised of 12 veterans and environmental community groups --announced its formation earlier this month.

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222681

Senators Clash On States’ Role Under Narrow CWA Jurisdiction Standard

Members of the Senate Environment & Public Works Committee (EPW) clashed over state and federal roles under the Clean Water Act (CWA) at a hearing on EPA’s proposed jurisdiction rule, with Republicans arguing a limited CWA standard will support robust local protections while Democrats countered that it would hamstring many states.

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