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Water

Trump Suspends Environmental Rules For Infrastructure, Citing Pandemic

Stepping up his deregulatory push amid the COVID-19 pandemic, President Donald Trump has directed EPA and other agencies to exempt infrastructure projects from legally required reviews under the National Environmental Policy Act (NEPA), the Clean Water Act (CWA) and other laws so they can be fast-tracked and help spur the economy.

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D.C. district court ruling could aid NRDC’s TMDL deadline push

In a win for environmentalists, a federal district court is requiring EPA to provide information that could lead the court to set a deadline for an Anacostia River trash cleanup plan.

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District Court Says Water Law Requires EPA To Update Oil Spill Rules

A federal court in California has agreed with environmentalists that EPA has a nondiscretionary duty under the Clean Water Act (CWA) to update its rules governing oil spills in order to better regulate dispersants, relying in part on a landmark appellate decision that found EPA had unduly delayed updating its lead paint dust hazard standards.

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ACC Urges EPA To Tailor Science Rule Adoption, Fearing TSCA Effects

The chemical industry is generally backing EPA's controversial proposed rule limiting the use of science in regulatory and policy decisions but is calling for guidance from the agency’s toxics office, fearing that the rule’s implementation could delay agency decisions such as new chemical approvals under the revised toxics law

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Quoted: Early reaction to EPA’s CWA section 401 rule

GOP officials and industry groups say the rule is necessary to prevent some states from abusing the process to block fossil fuel infrastructure projects, but Democrats and environmentalists oppose it.

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EPA Claims Broad CWA Authority To Reverse Washington Toxics Rule

EPA and industry groups say the agency had broad Clean Water Act (CWA) authority to reverse an Obama-era decision requiring stringent water quality standards for Washington state, arguing that there is no merit to the state’s claim that the action was unlawful while EPA also says Washington has other options than litigation to address its concerns.

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CEQ sends final NEPA update for OMB review

Critics and others have warned that the proposed changes are unlawful and will only delay projects further due to increased litigation.

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Industry Backs IRS Plan Allowing Penalty Deductions But Fears State Limits

Industry attorneys are largely welcoming a long-awaited IRS plan allowing companies to deduct from their federal taxes fines and penalties paid to the government under consent decrees, such as those resolving environmental, health and safety enforcement actions.

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Rejecting Criticism, EPA Touts CWA 401 Rule’s ‘Cooperative Federalism’

EPA is defending its final Clean Water Act (CWA) rule limiting the scope of state reviews of federally permitted projects’ water quality impacts as defining the appropriate parameters of the agency’s “cooperative federalism” policy balancing EPA and states’ regulatory powers, rejecting calls from critics that the rule undercuts states’ authority.

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EPA finalizes rule limiting state CWA 401 reviews to water quality

The final rule stipulates that certifications apply only to discharges from a point source into a water of the United States and can only address water quality impacts.

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