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Water

House Democrats decry CWA jurisdiction rule repeal

Leaders of the House committee that oversees the Clean Water Act say the Trump administration’s move to repeal an Obama-era rule defining the scope of the act is “outrageous.”

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EPA Eyes Sampling, Laboratory Flexibilities For SDWA Monitoring Rule

EPA is considering a number of changes to the next version of its rule governing how drinking water utilities must monitor for contaminants that may need regulations, seeking to reduce costs for utilities, speed the public availability of monitoring results and increase the number of approved laboratories to analyze the samples.

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Corps Seeks To Limit Court Remedy In Case Testing Trump NEPA Approach

In a case that tests the Trump administration’s approach to conducting environmental reviews, the Army Corps of Engineers and a major Virginia utility are getting key support from power regulators in their attempt to avoid being forced to remove a contested transmission line project while the Corps conducts a court-ordered review of the project.

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Oregon cattlemen press CWA rule arguments ahead of hearing

The Oregon Cattlemen’s Association is emphasizing the harms its members face from the 2015 Clean Water Act jurisdiction rule ahead of a July 17 hearing on a request to quickly block the rule’s implementation.

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Environmentalists Cite Scalia In Defense Of 9th Circuit Groundwater Ruling

Environmentalists are urging the Supreme Court to reject competing legal arguments from EPA and a Hawaii county that pollution in groundwater can never be subject to the Clean Water Act (CWA) requirements, arguing that the late Justice Antonin Scalia’s plurality opinion in Rapanos v. United States does not permit that result.

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Final CWA jurisdiction rule repeal lands at OMB

The repeal seeks to end the patchwork of policies courts have created in their rulings on the Obama-era rule but the new measure faces a slate of challenges that could revive a patchwork.

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Draft EPA Plan Seeks Sharp Limits On EAB, Sparking Litigation Warning

A draft plan circulating within EPA would sharply curtail the role of the Environmental Appeals Board (EAB) in a bid to speed permit reviews -- including possible elimination of the current administrative appeals process -- prompting warnings from critics that it could backfire by scaling back EAB’s role in building an administrative record that EPA can use to defend permits in court.

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EPA sends CWA 401 rule changes for OMB review

The proposed rule is a follow-on to controversial guidance the agency issued last month in response to a President Donald Trump executive order.

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House Approves PFAS Superfund Amendment Over GOP, Industry Objection

The House by voice vote July 12 approved an amendment to the defense authorization bill that would require EPA to declare within one year that perfluorinated chemicals are hazardous substances under the Superfund law, despite objections from GOP lawmakers and a number of industry groups, who fear significant new cleanup liability.

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House Poised To Debate PFAS Superfund Listing, Sparking GOP Criticism

The House is gearing up to debate an amendment to the defense authorization bill that would require EPA to list perfluorinated chemicals as hazardous substances under the Superfund law, a move that is already prompting strong opposition from a top Senate Republican opposed to the measure.

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