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Water

Environmentalists Seek To Broadly Apply High Court’s Groundwater Ruling

Several federal courts are poised to become test beds for applying the Supreme Court’s recent ruling on when pollutants that travel through groundwater to navigable waters require a Clean Water Act (CWA) discharge permit, with environmentalists seeking to reverse recent rulings contrary to the high court’s precedent or apply it to new situations.

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DOJ Asks Justices To Scrap Cooling Water FOIA Document Release Ruling

The Justice Department (DOJ) is urging the Supreme Court to overturn an appellate ruling requiring the release of draft documents related to the development of EPA’s cooling water intake rule, arguing the appeals court made several errors in finding the documents could be released under the Freedom of Information Act (FOIA).

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States file ‘protective’ challenge to EPA’s COVID enforcement policy

States are anticipating that EPA will seek to dismiss their district court suit and argue that it belongs in the D.C. Circuit.

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House members bolster push for NDAA PFAS measures

In a May 26 letter, 116 House members urge the House Armed Services Committee to include comprehensive per- and polyfluoroalkyl substances (PFAS) provisions in the annual defense authorization bill.

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Colorado suit adds to legal challenges over WOTUS rule

Colorado has filed its own suit against the Trump administration’s Clean Water Act rule even as a federal judge in California has denied the administration’s bid to slow a similar challenge by 17 other states.

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EPA proposes new models for nutrient criteria in lakes

The draft technical document aims to update 20-year-old guidance documents with science based on actual monitoring data rather than “reference watersheds.”

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IPI finds EPA COVID enforcement policy troubling but not sweeping

The Institute for Policy Integrity finds that EPA’s controversial enforcement “discretion” policy during the coronavirus is potentially troubling but also has important limits.

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Judge Doubts ‘Harm’ To States From Narrower WOTUS Rule Taking Effect

A federal judge is asking California and other states challenging the Trump administration’s waters of the United States (WOTUS) rule to explain by May 22 why they would face “irreparable harm” from letting the policy take effect June 22 before he rules on whether to stay it, saying it is unclear that the states would suffer such harm.

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EPA agrees to bolster scientific integrity policies after IG findings

EPA completed two of the corrective actions the IG recommended and has indicated it will complete the remaining 10 corrective actions by June 2022.

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Wheeler Rejects Democrats’ Attacks On EPA Rollbacks Amid Pandemic

EPA Administrator Andrew Wheeler is defending the agency’s enforcement discretion policy and deregulatory actions against Democrats’ charges that the agency is exploiting the coronavirus crisis to continue environmental rollbacks with particularly damaging consequences during the pandemic.

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