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Water

DOJ, Industry Defend WOTUS Rule’s Waste Treatment System Exclusion

The Justice Department (DOJ) and a coalition of 15 industry groups are defending the Trump administration’s exclusion of waste treatment systems from the definition of waters of the United States (WOTUS) rule, arguing that contrary to environmentalists’ claims the waiver is lawful, reasonable, and longstanding.

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Military Cites National Impacts In Urging Court To Reject State PFAS Push

The Air Force is urging a federal district court overseeing multi-district litigation (MDL) on per- and polyfluoroalkyl substances (PFAS) to reject an attempt by New Mexico to force the military to implement interim cleanup measures, arguing the state’s motion has national implications for the service’s cleanup priorities and raises threshold Superfund law questions.

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Corps Mitigation Request Spurs Competing Claims On Pebble Mine’s Future

Opponents of the planned Pebble Mine in Alaska are calling the Army Corps of Engineers’ request for a wetlands compensatory mitigation plan for the project a significant move that critics hope will finally stop the controversial mine, but the mine’s developer is downplaying the request as a normal part of the Clean Water Act (CWA) permitting process.

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Court Speeds Consideration Of Injunction Request For CEQ’s NEPA Rule

A federal district court says it will quickly consider environmentalists’ request for a preliminary injunction of the White House Council on Environmental Quality’s (CEQ) rule to significantly streamline agency implementation of the National Environmental Policy Act (NEPA), meaning a decision could come before the rule takes effect next month.

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EPA Eyes Next Steps To Clarify WOTUS, Groundwater Permitting Policies

EPA is weighing its next steps on two major Clean Water Act (CWA) policies, issuing guidance documents with the Army Corps of Engineers to clarify their joint waters of the United States (WOTUS) jurisdiction rule, and exploring what type of guidance to issue on a landmark Supreme Court groundwater ruling, says a top agency official.

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Environmentalists Urge Court To Block NEPA Overhaul From Taking Effect

Environmental groups are urging a federal district court to block the White House’s overhaul of National Environmental Policy Act (NEPA) implementing rules from taking effect nationwide as planned next month, charging that the streamlining measures are so egregious they warrant an immediate preliminary injunction.

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House Democrats fault Wheeler’s ‘giveaway’ on EPA coal ash rule

Top Democrats on the House Transportation & Infrastructure Committee called EPA’s revisions to its coal ash standards a “giveaway to industry” and are seeking details on the rulemaking process.

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Supreme Court sets oral argument in cooling water FOIA suit

The justices will hear argument Nov. 2 on the scope of the Freedom of Information Act’s exemption for documents that are part of an agency’s “deliberative process.”

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EPA Proposal Moves Maine Closer To Water Quality Criteria Compromise

EPA is proposing to withdraw Obama-era water quality criteria for Maine and allow the state to implement carefully negotiated compromise toxics criteria, following years of litigation that drew national attention over concerns that efforts to protect the health of sustenance fishers would lead to unlawfully stringent water discharge permit limits in other states.

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EPA Chesapeake Bay Cleanup Plans Fail To Appease Environmentalist Critics

Despite a top EPA official’s statements about the agency’s plans to ensure the cleanup of the Chesapeake Bay, environmentalists say EPA’s position falls short of what is necessary for a successful cleanup and that EPA is making it all but certain the agency’s critics will file a Clean Water Act (CWA) suit to force stricter steps.

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