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Water

States Step Up Criticism Of EPA's PFAS Plan, Seek Binding Mandates

Groups representing state environment officials are publicly criticizing EPA's recently released multi-media action plan for addressing per- and polyfluoroalkyl substances (PFAS), citing weaknesses across many program areas and calling for the agency to go farther such as by setting binding standards for contaminants across multiple media.

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Democrats See Yawning Gap Between Wheeler's Goals, FY20 Budget

Capitol Hill Democrats are pressuring EPA chief Andrew Wheeler to reconcile what they argue are yawning discrepancies in his generic support for greater environmental protections and the agency's fiscal year 2020 budget request -- which seeks significant cuts -- and other activities that threaten to undercut such protections.

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Pipeline Firm Urges Justices To Decline Suit On Timing Of CWA 401 Reviews

A natural gas pipeline company is urging the Supreme Court to reject a petition from environmentalists to clarify when states' Clean Water Act (CWA) section 401 certifications for natural gas pipelines are final and subject to judicial review, arguing there is no split between and among federal appellate courts on the issue as the petitioners had argued.

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Setting Model For States, California Adopts Broad 'Wetlands' Definition

Setting a precedent for other states, California's water board has approved a landmark "wetlands" definition and new rules for discharging dredge and fill materials to state "waters," an effort that seeks to preserve an Obama-era policy defining which waters are subject to the Clean Water Act (CWA) as the Trump administration works to roll it back.

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Court questions ability to hear some claims in CWA 401 case

Washington state moves one step closer to fending off challenges to its decision blocking construction of a coal export terminal, a decision that GOP officials say shows why states CWA authority should be curtailed.

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New Jersey PFAS Directive Sets State Precedent But Risks Industry Fight

New Jersey's issuance of a first-time, wide-ranging directive requiring five major chemical companies to fund past and future cleanup costs and provide large amounts of data related to per- and polyfluoroalkyl substances (PFAS) contamination likely sets a precedent for other states but will almost certainly draw industry challenges, sources say.

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Judge dismisses Utah’s water claims in Gold King suit

The judge hearing suits over the 2015 Gold King Mine wastewater spill held that the Clean Water Act preempts state laws limiting interstate water pollution from the release, but is letting other claims proceed.

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Court Eyes Groups' Standing To Target Drilling Permit Despite EPA Stance

A federal appellate court is asking parties in a case challenging an EPA water discharge permit for drilling operations in the Gulf of Mexico to discuss at upcoming oral arguments industry claims that environmentalists lack standing to sue -- even though the agency has said it believes the groups challenging the permit have standing.

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Roberts' 'Swing' Vote Could Determine Future Of Agency Deference Doctrine

Supreme Court Chief Justice John Roberts' currently unknown position on when courts should defer to EPA and other federal agencies' interpretations of their regulations will largely determine whether and to what degree the current standard remains, according to legal experts.

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Wheeler Promises Summer LCR Proposal Targeting ‘Most Corrosive’ Pipes

DENVER -- EPA Administrator Andrew Wheeler says the agency will propose its long-awaited update to the lead and copper rule (LCR) this summer with a three-step structure that aims to map the country’s remaining lead drinking water pipes and model their levels of corrosion before prioritizing the “most corrosive” lines for replacement.

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