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Water

Strict One-Year CWA Section 401 Deadline Faces Legal, Administrative Tests

Recent federal decisions seeking to set a strict one-year deadline for states to determine whether federally permitted projects comply with water quality standards are facing legal and administrative tests as the Trump administration is proposing to set narrow boundaries for the deadline and environmentalists are attempting to preserve a more flexible approach.

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5th Circuit Dismisses CWA Drilling Permit Suit Over Lack Of Standing

The U.S. Court of Appeals for the 5th Circuit has dismissed environmentalists’ challenge to a Clean Water Act (CWA) general permit for offshore oil and gas activities in the western Gulf of Mexico for lack of standing, an outcome that seemed all but certain given the questions judges raised at oral argument in April.

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EPA withdrawal of proposed Pebble Mine ‘veto’ starts lawsuit clock

EPA has enacted its decision to withdraw the Obama-era proposal that would have set strict limits on the planned Pebble Mine in Alaska, setting the stage for a possible court battle.

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EPA Clarifies OTC Issues, Easing Logistics Fears Ahead Of Pharma Rule

EPA staff have clarified that under the agency’s new pharmaceutical waste rule, healthcare facilities can manage over-the-counter (OTC) medications as hazardous waste and send them to a reverse distributor, easing significant logistics issues that otherwise would likely have arisen for the facilities, according to an attorney tracking the issue.

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California POTWs seek reinstatement of CWA test method case

Wastewater utility groups are trying to keep alive their challenge to an EPA test method by asking an appeals court to reverse a lower court’s dismissal of their case.

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As EWG Details Industry’s PFAS Findings, DuPont Fortifies Cleanup Pledges

Environmentalists have compiled a suite of documents that could bolster a House Democrat’s suggestion that chemical companies continued to produce and sell per- and polyfluoroalkyl substances’ (PFAS) despite knowing the health risks just as one of those companies, DuPont, is strengthening its pledge to remediate any contamination and curb risks.

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Washington state, industry spar over EPA water quality change

During an online public hearing, state regulators argued EPA’s decision to jettison Obama-era waster quality standards is illegal while industry praised the move for providing greater compliance certainty.

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5th Circuit Backs Broad EPA Power To Revise, Significantly Delay ELGs

A federal appeals court has upheld EPA’s authority to delay until 2020 or beyond the compliance deadlines for two provisions in a 2015 Clean Water Act (CWA) effluent regulation, holding that the agency has broad authority to revise existing water policies and opening the door to setting decades-long deadlines for other sectors’ effluent rules.

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Utilities, Environmentalists Spar Over EPA Power To Forgo Perchlorate Rule

Water utilities and environmentalists are staking out opposing stances on the emerging question of whether EPA can forgo setting an enforceable drinking water standard for the rocket fuel ingredient perchlorate, with utilities backing EPA’s option not to regulate and environmentalists arguing the agency should strengthen its proposed rule.

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Trump Critics Say NEPA Climate Guide Lets Agencies ‘Shirk’ Obligations

Democratic lawmakers and environmental groups are criticizing a draft White House guidance on analyzing greenhouse gases in environmental reviews for allowing agencies to bypass their responsibility to conduct robust studies of a project’s lifecycle emissions.

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