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Water

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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As EPA Readies Guide, Waste Industry Seeks Waiver For Numerous Rules

The waste and recycling industry is asking EPA to suspend enforcement of numerous rules during the COVID-19 pandemic, the latest in a series of sectors seeking relief from EPA in a guidance that is expected to be issued as soon as March 26.

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Environmentalists Issue Legal Warning In Bid To Extend CCR Deadlines

Environmentalists are stepping up calls for EPA to extend comment deadlines for major deregulatory plans during the COVID-19 pandemic, arguing in the case of its coal ash rule that failing to act risks violating constitutional Due Process rights and statutory requirements.

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Judge Grants Exxon Motion To Stay CLF’s Novel CWA Climate Change Case

In a potential setback for environmentalists, a federal district court judge has put on hold their novel litigation challenging the lack of climate change considerations in a Clean Water Act (CWA) discharge permit for an ExxonMobil oil terminal, finding it is appropriate to wait until EPA finalizes a renewed permit for the facility next year.

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Oil Sector Seeks EPA Waivers During Pandemic, Alarming Environmentalists

The American Petroleum Institute (API) and other industry groups are pressing EPA and other agencies for a slew of regulatory exemptions to ease the impact of the ongoing economic crisis caused by the coronavirus pandemic, prompting alarm from environmentalists who warn the move is intended to serve as a pretext for further deregulation.

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California Says Water Rule Compliance ‘Essential’; Waste Haulers Seek Help

Despite a statewide shelter-in-place order, California officials are declining to issue blanket water quality regulatory waivers to regulated entities during the COVID-19 emergency, saying they must continue to comply with all state and regional rules or notify relevant boards if they are unable to.

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EPA seeks to dismiss landowners’ challenge to WOTUS repeal rule

The agency argues the two New York landowners lack standing to bring the suit because they have not identified an actual injury from the repeal of the Obama-era Clean Water Act rule.

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