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Water

Biden’s election could lead to Chesapeake TMDL settlement

Environmentalists hope that President-elect Joe Biden’s administration will be willing to work with them and several states to resolve litigation over EPA’s alleged failure to enforce Chesapeake Bay cleanup goals.

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Environmentalists file EAB challenge to offshore aquaculture permit

A coalition of nine environmental groups is seeking revisions to an EPA Clean Water Act permit for an offshore fish farm, arguing the permit violates four environmental laws.

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Mitigation Bankers, Former Florida Official Criticize State’s CWA 404 Plan

Wetlands mitigation bankers and a former Florida state environment chief are raising concerns to EPA about the state’s proposal to assume Clean Water Act (CWA) section 404 permitting from the Army Corps of Engineers, with the bankers urging greater parity between state and federal mitigation requirements and the former state official opposing assumption.

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Environmental groups seek New Jersey probe of PFAS replacement

Environmental groups are pushing New Jersey regulators to investigate a replacement chemical for a legacy PFAS, reiterating fears of potential health risks from new substitute chemicals.

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Observers Fear Disruptions Amid Busy Post-Election Trump EPA Agenda

The Trump EPA’s agenda is expected to be crowded in the coming months as officials aim to lock in deregulatory approaches amid a possible transition to a Biden administration, with some observers also expressing concern that the president’s recent civil-service executive order could drive disruptive, late-hour personnel moves.

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EPA defends WOTUS rule in New York landowners’ litigation

The Trump administration’s Clean Water Act jurisdiction rule is a “reasonable construction of ambiguous statutory terms” in the law and is neither arbitrary nor capricious EPA tells a federal district court.

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Judge suggests EPA CWA violation in Montana nutrients response

“Significant evidence seems to demonstrate . . . that EPA may have acted arbitrarily and capriciously, as well as unlawfully under the CWA,” federal district court Judge Brian Morris says.

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2nd Circuit Judges Create Possibility Of Court Split On CWA 401 Reviews

Appellate judges’ tough questioning of a federal government attorney in a pending Clean Water Act (CWA) section 401 case raises the possibility of a ruling that creates a split among federal appeals courts on whether the CWA contains a bright-line limit on how long states can review applications for water quality certifications.

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Environmentalists drop suit over public hearings on EPA coal ash rule

Environmental groups withdrew their suit seeking additional public hearings for EPA’s now-final “Part A” coal ash rule but will raise similar claims as part of a broader case they plan to file.

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EPA extends compliance deadlines for NPDES reporting rule

Due in part to the COVID-19 pandemic, the agency is extending by five years certain deadlines for a National Pollutant Discharge Elimination System (NDPES) electronic reporting rule.

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