Senators are negotiating revisions to a bipartisan Toxic Substances Control Act (TSCA) reform bill ahead of an April 28 environment panel markup that includes changes to major provisions including contested language on when EPA can preempt state chemicals programs and the agency's power to regulate “articles” in products.
The U.S. Court of Appeals for the District of Columbia Circuit has rejected Iowa residents' lawsuit claiming EPA has a nondiscretionary Clean Air Act duty to issue concentrated animal feeding operations (CAFOs) air rules, and avoids ruling on whether separate petitions for CAFO rulemaking pending at EPA should bolster such lawsuits.
The U.S. Department of Agriculture (USDA) is backing growers' opposition to EPA's proposed plan for slowing the development of corn root worm resistance in crops genetically engineered to resist the pests, arguing agency proposals such as avoiding soil-applied insecticides are overly prescriptive, though consumer advocates say the plan's provisions should be mandatory.
Utility industry officials and others say that if the Supreme Court scraps EPA's air toxics rule for power plants, such a ruling could have a limited impact on the sector.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit has ruled that trucking industry and other petitioners lack standing in their lawsuits challenging EPA greenhouse gas (GHG) rules for both light-duty and heavy-duty vehicles, issuing an April 24 per curiam opinion dismissing the cases.
House lawmakers have amended a bill to force EPA to re-propose its Clean Water Act (CWA) jurisdiction rule by inserting language to protect states' “primacy” over water rights law, advancing the bill through the transportation panel after rejecting calls to instead allow EPA to finalize the rule and then file a disapproval resolution on it.
EPA's Clean Air Act Advisory Committee (CAAAC) will meet later this week to debate a host of major agency emissions rules, including its power plant greenhouse gas (GHG) policies and implementation of its ambient air standards. Meanwhile, an agency drinking water advisory group will seek input on potential changes to EPA's rule for lead and copper in water infrastructure.
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