Senators opposed to EPA's pending final Clean Water Act (CWA) jurisdiction rule are planning to introduce in the coming days legislation that will add “specificity” to related House legislation that would force the agency to re-propose the rule, setting guidelines to ensure against EPA simply reissuing the same rule it already floated.
A recycling firm is urging the Supreme Court to resolve an appellate split over whether agencies' Clean Water Act (CWA) “jurisdiction” determinations are subject to judicial review, fearing the administration might try to limit the scope of a first-time appellate ruling that granted review of the findings to the states covered by that appeals court.
Managers of EPA's Integrated Risk Information System (IRIS) have yet to respond to requests from industry and the Department of Defense (DOD) to seek a second peer review of some portion of the pending IRIS assessment of vanadium pentoxide (V2O5), or to set a stopping rule deadline, leaving the timeline for completing the assessment uncertain.
A three-judge appellate court panel appears unlikely to accept arguments from state and industry critics that EPA's proposed rule to cut greenhouse gas (GHG) emissions from the existing power sector is so patently unlawful that it merits an exceptional ruling blocking the agency from finalizing it, warning that such a holding would create a “morass” of challenges to other proposed regulations.
Pending House legislation to reform the Toxic Substances Control Act (TSCA) could receive broad support if lawmakers adopt changes sought by EPA, environmentalists and others.
Industry officials say an EPA analysis showing some agency scientists have low confidence in their conclusion that the solvent trichloroethylene (TCE) poses a risk of cardiac birth defects undermines the agency's recent rejection of an industry request to correct that determination, which could boost industry's ongoing push to revise the conclusion.
The U.S. Court of Appeals for the District of Columbia Circuit will hear oral arguments this week in suits filed by industry and several states over EPA's proposed greenhouse gas existing source performance standards (ESPS) for power plants. In Congress, House lawmakers return with a planned energy subcommittee hearing on Toxic Substances Control Act (TSCA) reform legislation.
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