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Trial to Inside EPA

A coalition of 17 mainly GOP-led states is asking the Supreme Court to back Utah and Oklahoma’s argument that regional appeals courts must hear challenges to EPA denials of states’ plans for curbing interstate ozone, escalating a legal fight with broad implications for Clean Air Act litigation over state implementation plans (SIPs) in general.

EPA has released its final rule requiring states to consider tribal treaty rights such as fishing in their Clean Water Act (CWA) water quality standards (WQS), though with looser versions of some proposed mandates that Trump-era officials warned could draw legal challenges from state governments as “quintessential federalism issues.”

From Inside TSCA

A federal district judge said she is “struggling to wrap my head around” the novel legal arguments and conflicting procedural requests at issue in environmentalists’ long-pending suit over transparency in the TSCA new-chemicals review program, during a May 1 hearing that marked the first concrete action in the case since early 2023.

A federal district court judge has rejected Akron, OK’s motion to “stay” on appeal his refusal to eliminate key wastewater treatment mandates from a 2014 combined sewer overflow (CSO) consent decree, amid broader concerns from municipalities on the long-term obligations they face under similar settlements with EPA.

The Biden administration is launching a new policy aimed at protecting “critical infrastructure” from physical and cybersecurity threats, with EPA as the designated “sector risk management agency” (SRMA) for water systems -- a designation that requires it to quickly craft new plans and resources for the sector.

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