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Lawyers Expect EPA’s New CWA 401 Plan To Spur Lengthy Litigation ‘Mess’

EPA’s proposal to scale back state authority under Clean Water Act (CWA) section 401 to review whether federally permitted projects will harm state water quality standards is likely to prompt “lots of litigation” from states and environmentalists, if finalized, that could last for years, according to a former EPA attorney and other lawyers.

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CWA ‘Patchwork’ Could Return Within Months Despite Repeal Of 2015 Rule

BOSTON -- The Trump administration’s bid to scrap the Obama-era Clean Water Act (CWA) jurisdiction rule and replace it with a narrower policy could revive a “patchwork” of competing CWA standards it was designed to end, says a law professor, because the repeal will be litigated and likely blocked in some states, reinstating the 2015 rule there.

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Rejecting EPA Efforts, House Panel Broadly Backs Regional Programs

Rejecting Trump administration efforts to eliminate EPA regional program, the House transportation committee in a strong bipartisan vote has approved several bills to create new or reauthorize existing programs focused on regional waterbodies, seeking to provide Puget Sound and the San Francisco Bay with focused attention like the Chesapeake Bay and the Great Lakes.

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Science Rule Schedule Slips As EPA Readies Supplemental, Wheeler Says

EPA Administrator Andrew Wheeler told the House science committee Sept. 19 that the agency’s schedule for issuing its controversial rule barring regulators from relying on scientific research that is not published has slipped as the agency is preparing to issue a supplemental proposal in early 2020.

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Governors Press Congress To Back PFAS Measures In Defense Bill

A bipartisan group of 15 governors is pressing leaders of the House and Senate Armed Services committees to back measures in pending defense authorization legislation that would require EPA and the Defense Department (DOD) to set policies to regulate the chemicals, curb releases and clean up contamination from per- and polyfluoroalkyl substances (PFAS).

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Trump says EPA to cite San Francisco over homeless pollution

The president’s remarks come as the White House is engaged in a heated confrontation with California over vehicle greenhouse gas standards.

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DOJ Weighs ‘Broader’ SEP Limits As New Policy Forces Renegotiations

A top Justice Department (DOJ) official is considering additional “broader” limits on the use of popular supplemental environmental projects (SEPs) as a way to mitigate penalties in enforcement settlements after DOJ last month curbed their use in municipal settlements, forcing renegotiation of some pending deals and likely curbing future settlements that would implement EPA’s upcoming lead and copper drinking water rule.

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EPA Gold King mine spill suits might see three-part trial starting in 2021

Litigation over the 2015 Gold King spill is not expected to go to trial until the summer of 2021 under a new plan that would split its ‘complex’ proceedings into three parts.

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Environmentalists sue EPA over New Mexico stormwater

“We are disappointed that for years EPA has failed to take action to protect New Mexicans’ public health and environment and require that these toxic discharges be controlled and monitored.”

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EPA Grappling With ‘Typical Year’ Standard For Revised CWA Regulation

EPA is currently unable to finalize its pending rule revising the reach of the Clean Water Act (CWA) as it is grappling with major legal, scientific and policy questions raised by stakeholders, including the standard to use for defining the law’s reach over sources that contribute to waters in a “typical year,” water chief David Ross told House lawmakers at a Sept. 18 oversight hearing.

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