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Water

EPA Urges 9th Circuit To Reverse Ruling Faulting CWA Nutrient Variance

EPA is urging a federal appeals court to overturn a closely watched Clean Water Act (CWA) water quality standards decision, arguing the lower court failed to follow proper regulatory and statutory construction principles and should have given greater deference to EPA’s interpretation for how to implement variances to stringent standards.

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Several States, Industries Spar Over EPA’s PFAS Drinking Water Review

Several states and environmental groups are backing EPA’s preliminary work towards developing drinking water standards for two per- and polyfluoroalkyl substances (PFAS) and urging an expanded effort to other chemicals in the class, sparring with industries that object to broadening the effort and even dispute the initial evaluation.

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Gas Infrastructure Faces Legal Battles Despite High Court Pipeline Ruling

In a win for the natural gas industry, the Supreme Court is rejecting a key challenge to the Atlantic Coast Pipeline (ACP), though the pipeline and other large gas infrastructure projects are still facing growing legal and permitting hurdles before they can be built and put into operation.

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States urge EPA to consider broad PFAS impacts in MCL

State drinking water regulators say EPA should consider the number of states -- rather than the number of drinking water utilities -- affected by perfluorinated chemicals when setting a maximum contaminant level.

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Judge Weighs Nationwide Injunction As States Spar Over WOTUS Rule

A federal district court judge in California is seeking additional briefing on whether he could issue a nationwide injunction halting the Trump administration’s waters of the United States (WOTUS) rule, even while cautioning he has not decided, even tentatively, that Democratic state attorneys general (AGs) are entitled to an injunction.

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Environmentalists sue EPA over Washington WQS

Raising similar claims as Washington state in separate litigation, environmental and fishing groups say EPA lacks inherent authority to ignore Clean Water Act steps to revise water quality standards.

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Senate panel backs funding increases for DOD’s PFAS work

The Senate Armed Services Committee has approved small funding boosts to further address per- and polyfluoroalkyl substances in next year’s Defense Department authorization bill.

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Environment Panel Senators Press Wheeler On High-Profile Water Issues

Members of the Senate Environment and Public Works Committee (EPW) are pressing EPA Administrator Andrew Wheeler to explain how the agency is addressing a number of high-profile Clean Water Act (CWA) and Safe Drinking Water Act (SDWA) issues, including groundwater, state water quality reviews, perchlorate and perfluorinated chemicals.

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EPA Narrows CWA 401 Rule But Still Places Major Limits On States’ Power

EPA in its recently signed rule aimed at speeding permitting of energy infrastructure projects modified some provisions from its proposal that were concerning to state regulators, but legal experts say the rule still contains significant limits on states’ ability to require water quality protections for federally permitted or licensed projects.

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4th Circuit to weigh affect of Maui decision on pipeline case

The appeals court is asking for additional briefing on how to apply a landmark Supreme Court ruling to a pending suit involving an underground gasoline leak that contaminated surface waters.

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