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Water

High Court Case May Fail To Answer CWA Groundwater Liability Question

Legal experts say it is uncertain whether the Supreme Court will issue a definitive ruling on when, if ever, a Clean Water Act (CWA) permit is needed for pollutants that travel from a point source through groundwater to surface water, due to the justices questions about pending related litigation and the possibility they may not be able to find a compromise that will win broad support.

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EPA Plan Limiting EAB Could Complicate Citizen Group Permit Appeals

EPA is proposing rule changes that would limit the role of the Environmental Appeals Board (EAB), its administrative permit review body, likely complicating citizen groups’ efforts to challenge permits, while providing a new way for the agency’s general counsel and administrator to weigh in on legal disputes.

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Justices Appear To Grapple With Compromise On CWA Groundwater Issue

Supreme Court justices at oral argument Nov. 6 over whether the Clean Water Act (CWA) applies to pollutants that travel through groundwater to surface water appeared to be searching for a compromise that would acknowledge discharge permits may be required in some cases but would limit those circumstances.

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OMB reviewing draft EPA industrial stormwater permit

The draft permit could include increased monitoring requirements recommended by an expert scientific panel following litigation over the agency’s current permit.

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Despite Court Losses, EPA Seeks To Ease Coal Plant Rules, Irking Critics

EPA critics are casting newly unveiled revisions to water and waste rules for coal-fired power plants as part of a broad agenda to prioritize the coal industry over protecting human health and the environment, arguing that the agency is fast-tracking deregulatory policies for the sectors despite court orders to strengthen other elements of the regulations.

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Michigan delays action on PFAS MCLs

A state regulatory oversight board has delayed until Nov. 14 action on draft drinking water standards for seven perfluorinated chemicals, prompting outcry from environmentalists.

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IG to review civil rights complaint compliance

The Office of Inspector General says it plans “to help identify potential discriminatory conduct on the part of recipient agencies, especially in overburdened communities.”

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Proposed EPA Power Plant ELG Improvements Rely On Voluntary Actions

EPA is proposing changes to its effluent limits for steam electric power plants that it says will achieve greater pollution reductions at a lower cost than Obama-era limits, but those calculations are based on the assumption that power plants will opt to voluntarily install more stringent pollution controls than required.

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Environmentalists threaten EPA suit over plastics in Hawaii waters

The Center for Biological Diversity is charging EPA has ignored scientific evidence that microplastic pollution is violating Hawaii’s water quality standards in 17 locations.

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Revised EPA Ash Rule Targets 2020 For Site Closures But Offers Extensions

EPA’s just-released proposed revisions to the Obama-era coal ash disposal rule include 2020 deadlines for closing some ash disposal sites previously exempt from the rule in order to address an adverse appellate ruling, but the agency is also proposing new extensions to the closure timeline that could give operators until 2028 to comply.

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