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Water

States Split Over ESA Consultation Mandate Before Assuming 404 Permits

States are split over whether EPA should reconsider its position that Endangered Species Act (ESA) consultations are not required before allowing states to assume Clean Water Act (CWA) wetlands permitting, with the divide appearing to relate to whether states are exploring assumption or are already issuing dredge-and-fill permits.

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Industries Urge EPA To Maintain ‘Non-Discretionary’ Position On 404 Permits

Industry and free-market groups are urging EPA to maintain its current policy position that Endangered Species Act (ESA) consultations are not required before allowing states to assume Clean Water Act (CWA) wetlands permitting, and are calling on the agency to reject an alternative interpretation advanced by Florida officials.

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6th Circuit Finds Two States’ Appeal Over Obama-Era WOTUS Rule Moot

The U.S. Court of Appeals for the 6th Circuit has denied Ohio and Tennessee’s request to preliminarily enjoin the since-repealed Obama-era waters of the United States (WOTUS) rule, finding the states’ interlocutory appeal of the issue is now moot but remanding the case back to the district court for further proceedings.

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EPA, Utah Settle Gold King Spill Claims But Broader Litigation Ongoing

EPA and Utah have agreed to settle the state’s legal claims over the massive 2015 Gold King Mine wastewater spill that was set off by an agency-led cleanup project, with the agency agreeing to provide Clean Water Act (CWA) cleanup grants for affected areas and setting deadlines to begin cleanups under the Superfund program.

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NACWA seeks $4 billion funding assistance in COVID-19 bill

The wastewater utility group says at least $4 billion in emergency federal assistance as part of Congress’ next coronavirus response bill is necessary to address the needs of low-income customers.

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Setting Model For States, New York Limits 1,4-Dioxane In Drinking Water

New York’s adoption of a first-in-the-nation drinking water limit for the emerging contaminant 1,4-dioxane could set a potential model for other states as they contemplate regulating the chemical, after EPA this past February deferred a decision to set such a standard in order to await additional data.

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Environmentalists urge court to order slaughterhouse ELG update

EPA has ignored data showing the existing effluent limitation guidelines are too lax and that better technology is available, environmental groups tell a federal appeals court.

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Trump’s son, former Pence aide urge EPA to block Pebble Mine

“The headwaters of Bristol Bay and the surrounding fishery are too unique and fragile to take any chances with,” said Donald Trump Jr. of the controversial mining project.

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Army Corps Proposal, GOP Senate Bill Eye Overhaul To Accelerate NWPs

The Army Corps of Engineers is proposing numerous changes to the dredge-and-fill nationwide permit (NWP) program aimed at speeding regulatory approval of various projects, while GOP senators are pushing legislation aimed at further shortening the approval process by waiving Endangered Species Act (ESA) programmatic review mandates.

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House Lawmaker Weighs Prospects For Broad PFAS Regulatory Measure

A key House lawmaker backing a measure to force EPA to regulate per- and polyfluoroalkyl substances (PFAS) through various environmental laws is arguing the fight over the provision is not over despite its recent exclusion from a House defense bill, saying the measure is likely to reappear -- particularly if Joe Biden is elected president.

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