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Water

Climate Change Could Confuse WOTUS’ ‘Typical Year’ Measure, Experts Say

Despite the Trump administration’s emphasis on the clear categories of regulation in its waters of the United States (WOTUS) rule, legal and regulatory experts say the rule’s reliance on the concept of a “typical year” to determine when several categories of waters are subject to Clean Water Act (CWA) jurisdiction will create implementation challenges.

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EPA pursuing PFAS criminal investigations

EPA says it “has multiple criminal investigations underway concerning PFAS-related pollution."

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High Court’s Cert Rejection Of ‘Bodily Integrity’ Case Could Aid PFAS Suits

The high court’s recent decision declining review of a 2019 ruling allowing plaintiffs to argue a due process violation of “bodily integrity” stemming from the Flint water crisis could offer a new theory for plaintiffs pursuing tort suits against manufacturers and users of per- and polyfluoroalkyl substances (PFAS), just as litigation over the issue ramps up, attorneys say.

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EPA touts ‘significant progress’ advancing PFAS action plan

EPA is pushing back against criticism from Democrats that it is not doing enough to address addressing per- and polyfluoroalkyl substances (PFAS).

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As EPA Crafts CWA 404 Rule, State Group Helps States Gain Permit Power

With EPA poised to propose as early as this spring a rule to clarify how states may assume dredge-and-fill permitting authority, the Association of State Wetlands Managers (ASWM) is developing guidance and other tools aimed at assisting states in obtaining the wetlands permitting authority.

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Large Drinking Water Utilities Urge Resiliency Funding In House Climate Bill

Large municipal drinking water utilities are questioning House Energy and Commerce Committee leaders on why they excluded from their draft climate legislation reauthorization for an EPA program intended to help small community water systems prepare for the impacts of climate change and extreme weather when other drinking water programs were included.

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EPA Quietly Signs Draft Industrial Stormwater Permit To Address NAS Advice

EPA has quietly signed a draft industrial stormwater general permit in order to respond to 2019 recommendations from the National Academy of Sciences (NAS) and a 2016 agreement with industry groups and environmentalists, proposing numerous changes, including expanded compliance monitoring and limits on eligibility for permit coverage.

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Environmentalists vow to push ahead with suit over Lake Erie pollution

Ohio’s pledge to develop a cleanup plan for Lake Erie is “an important” step but continued legal advocacy is necessary to ensure the plan is implemented, environmentalists say.

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Democrats blast EPA’s plan to craft PFAS standards

The lawmakers say EPA’s plan does not address enough chemicals and it will take years before final standards are approved.

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EPA Agrees To New CWA Rulemaking For Hazardous Substances

EPA and environmentalists have reached a tentative agreement setting deadlines for the agency to propose, and take “final action” on, a Clean Water Act (CWA) rule for responding to a “worst case discharge” of a hazardous substance following the administration’s decision last year to forgo a similar rule to prevent or contain industrial chemical spills.

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