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Water

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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Judge Faults Implementation Of Landmark Montana Nutrient Variance

In a closely watched case, a federal judge has found that EPA improperly approved Montana's plan to allow dischargers 17 years to meet a controversial variance from strict water quality standards (WQS) for nutrients rather than requiring immediate compliance with the variance and working toward attainment of the WQS.

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Bipartisan Senate Group Readies New Bill To Address PFAS Concerns

A bipartisan group of senators will soon unveil legislation to address per- and polyfluoroalkyl substances (PFAS) in drinking water, with Sen. Shelley Moore Capito (R-WV) suggesting support for both technical assistance and an enforceable drinking water standard that takes into account the costs and challenges of sampling and mitigating the chemicals.

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