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Water

Water Sector’s Report Could Boost EPA Bid To Consolidate Small Utilities

A coalition of wastewater and drinking water utilities in a new report is recommending steps to encourage the consolidation of small utilities, which could boost EPA’s bid for increased collaboration among utilities and help shape the agency’s response to a statutory mandate for crafting rules on when states can mandate consolidation.

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Environmentalists cite ash site risks in push for disposal rule reform

A new report sets out a plan that environmentalists say would strengthen the 2015 coal ash disposal rule, but they add that Democratic states rather than EPA are their best hope to implement it.

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High Court Denies Review Of Challenge To EPA ‘Veto’ Of CWA 404 Permits

The Supreme Court has rejected a petition that sought judicial review of EPA’s “objections” to proposed Clean Water Act (CWA) dredge-and-fill permits, letting stand an appeals court’s decision that requires applicants to instead wait until a formal agency approval or denial before challenging the permitting process.

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Riverkeeper challenges EPA's approval of Alabama's impaired waters

Black Warrior Riverkeeper is asking a federal court to require EPA to return three stream segments to Alabama's impaired waters list.

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New Mexico Court Push May Limit Impact Of Key Suit On State PFAS Powers

New Mexico officials are seeking to steer Defense Department litigation challenging their permit restrictions on per- and polyfluoroalkyl substances (PFAS) to state court, a move that if successful could limit any precedent the litigation may set on federal officials' ability to challenge such state actions.

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Hearing On Proposed CWA Rule Previews Legal Arguments On Final Policy

Speakers at EPA’s public hearing on its proposed Clean Water Act (CWA) jurisdiction rule gave early signals of how they plan to attack or defend the eventual final version of the rule in court, with environmentalists hinting at procedural and substantive arguments that they could raise in litigation aimed at striking down a narrow CWA test.

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Democrats renew push for water infrastructure trust fund

House Democrats are highlighting the health risks posed by aging infrastructure and emerging contaminants as they reintroduce water infrastructure trust fund legislation.

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District Judge Finds EPA Liability Under Superfund For Gold King Mine Spill

A federal district has ruled that EPA faces liability under the Superfund law for its accidental massive wastewater spill from the Gold King Mine cleanup in 2015, backing state and private plaintiffs’ claims that federal cleanup projects like the mine can be subject to the statute’s application to waste “operators,” “arrangers,” and “transporters.”

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Corps Eases Wetlands Mitigation Credit System, Raising Enforcement Fears

The Trump administration has finalized guidance that will allow wetlands mitigation banks to receive the majority of their compensatory mitigation credits without proving that projects meet ecological performance standards detailed in a rule issued by EPA and the Army Corps of Engineers, a change that one expert says upends the rule's enforcement mechanisms.

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Utilities Urge EPA Continue Voluntary Focus In Upcoming Water Reuse Plan

A group representing public water utilities is urging EPA to ensure its upcoming Water Reuse Action Plan continue to allow utilities to implement water reuse options on a voluntary rather than mandatory basis, providing an early glimpse of issues that may be debated when EPA unveils the plan later this year.

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