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Water

House Democrats question Wheeler on Great Lakes enforcement

A group of 23 House Democrats says EPA is cutting enforcement resources in the Great Lakes region, citing an April report that found lower spending and higher noncompliance rates in the area.

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Unified Agenda Signals Delays For Major EPA Waste, Water Office Policies

Several major EPA water and waste office rulemakings face fresh delays according to the agency’s updated Spring Unified Agenda of pending regulations, punting some controversial policies until next year and making it possible that former Vice President Joe Biden’s EPA could reverse the rules if he wins the 2020 presidential election.

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DOJ opposes Oregon ranchers’ bid to stay WOTUS rule

Echoing arguments recently made to a federal court in New Mexico, the Justice Department is asking a federal court in Oregon to reject a request from ranchers to stay the 2020 WOTUS rule.

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State AGs urge Trump to revoke NEPA executive order

A coalition of 16 Democratic state attorneys general are blasting the president’s directive that agencies exempt major infrastructure projects from environmental laws when possible.

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CLF faces obstacles in restarting novel climate case

A federal appeals court says the Conservation Law Foundation has not explained how it can appeal a lower court’s order staying litigation over an ExxonMobil facility’s environmental permits.

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New WIFIA Criteria Allow Release Of FY20 Funds But Questions Remain

The Trump administration has developed new criteria to evaluate the award of loans and loan guarantees under an EPA water infrastructure program, responding to Congress’ mandate to address a budget scoring concern that could limit the use of such funds -- but it remains unclear whether the criteria will make it easier for utilities to obtain the funds.

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States, Water Utilities Warn Of Confusion With EPA’s Guidance Proposal

State water regulators and utilities are raising concerns about some aspects of EPA’s proposal to create a central repository for all guidance and to develop a formal process for developing or revising guidance, saying it is unclear which documents would be covered by the rule and that a planned 30-day comment period for guides is inadequate.

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Shaheen Seeks PFAS Amendment Triggering DOD Cleanups, Cost Recovery

Sen. Jeanne Shaheen (D-NH) is seeking to insert in the fiscal year 2021 defense authorization bill a provision to allow communities near military facilities to recoup cleanup costs for two per- and polyfluoroalkyl substances (PFAS) and give the Defense Department (DOD) the ability to pursue recovery of remediation costs from industrial parties.

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Pebble Mine critics seek to reinstate suit over EPA ‘veto’ withdrawal

Trout Unlimited argues to a federal appeals court that a lower court erred when it ruled EPA’s decision to withdraw a planned “veto” of the mine is not subject to judicial review.

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High court’s groundwater ruling could spur years of permit confusion

Former Solicitor General Paul Clement said the test for a “functional equivalent” to pollution discharges could create the same kind of confusion that has long affected Clean Water Act jurisdiction.

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