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Water

Environmentalists threaten suit over Chesapeake Bay cleanup

Although litigation is an option of last resort, environmentalists say they will sue if EPA fails to ensure Pennsylvania meets its water pollution-reduction commitments.

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District court judge rejects bid to stay Obama CWA rule in Oklahoma

A federal district court in Oklahoma is allowing the 2015 Clean Water Act jurisdiction rule to remain in effect in that state because doing so will not cause irreparable harm.

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Court Remands CWA Rule On Procedural Grounds But Patchwork Persists

A federal district court in Texas has remanded to EPA without vacatur the Obama-era Clean Water Act (CWA) jurisdiction rule on procedural grounds after finding the agency changed a key definition between the proposed and final rule without public comment, exacerbating a regulatory patchwork as the rule remains in effect in other states.

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States Fault Premise, Process For EPA Plan To Change CWA 401 Policy

Democratic attorneys general (AGs) from 16 states, along with two national organizations representing state water regulators, are urging EPA to refrain from scaling back the scope of states’ review authority under section 401 of the Clean Water Act (CWA), saying the agency has failed to show changes are needed and failed to properly engage with states.

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EPA Asks Court To Clarify Scope Of CWA Jurisdiction Rule Injunction

EPA and the Army Corps of Engineers are asking a federal district court to clarify the scope of its 2015 ruling that prevented the Obama-era Clean Water Act (CWA) jurisdiction rule from going into effect in several states, after the court removed New Mexico from the injunction but said it would still apply to some counties in the state.

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EPA Wastewater Official Backs Utility Consolidation On Case-By-Case Basis

EPA wastewater chief Andrew Sawyers is explicitly endorsing the concept of drinking water and wastewater utility consolidations -- a position the agency has been edging towards over the past few years -- although he says there may be some advantages to a less-centralized system in some cases.

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EPA Eases Final Cyanotoxins Water Criteria, Citing New Ingestion Data

EPA has finalized recreational water quality criteria for two cyanotoxins that states can use in developing swimming advisories and water quality standards, raising the acceptable concentrations compared to the Obama administration’s proposal, primarily due to new data on the amount of water children accidentally ingest.

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EPA’s infrastructure disaster funds delayed

Opposition from a lone GOP lawmaker is delaying House passage of a disaster relief bill that includes more than $420 million for EPA.

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DOJ Makes Novel CWA Argument In Bid To Kill Cities’ Climate Lawsuits

The Department of Justice (DOJ) is expanding its legal attacks on municipalities’ climate nuisance suits against oil companies, going beyond two well-known Supreme Court climate rulings to now reference a Clean Water Act (CWA) case that DOJ says bolsters its arguments for dismissal, as well as claims that such nuisance cases can only be brought by states.

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EPA Proposes Perchlorate MCL But Weighs Withdrawing Determination

EPA is proposing a long-awaited health protective goal and drinking water standard for perchlorate of 56 micrograms per liter (ug/L) but is asking the public to comment on a variety of options including setting levels more and less stringent or not regulating the chemical at all in drinking water, given new information on occurrence levels.

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