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In an early win for EPA’s defense of its redone rule defining “waters of the United States” (WOTUS), a federal judge has denied a property owner’s bid to quickly block the policy’s implementation, saying it “faithfully conforms” to the Supreme Court’s landmark Sackett decision on the key issue of defining “adjacent” wetlands.

Sources with the chemicals industry say they are again looking for fresh legislative avenues to reauthorize the Chemical Facility Anti-Terrorism Standards (CFATS) program after an amendment that would have added it to the annual defense authorization bill failed to reach the House floor.

From Climate Extra

EPA is seeking to weave climate change adaptation considerations into its financial assistance programs, with officials saying they are initially focusing on the “unprecedented” level of funding in the agency’s bipartisan infrastructure law (BIL) and Inflation Reduction Act (IRA) programs to advance such efforts.

Denka Performance Elastomer LLC (DPE) is renewing its call for a federal appellate court to stay EPA’s recently finalized air toxic rule limiting emissions of chloroprene at its synthetic rubber manufacturing facility in Louisiana by June 28, one month after the company first sought a stay and less than three months before it must limit emissions under the rule’s deadline.

EPA is defending the legality of its troubled Good Neighbor Plan (GNP) interstate ozone rule against state and industry attacks as litigation over the rule advances in federal appeals court, even as the Supreme Court could soon stay the rule nationwide after lower courts and EPA stayed its application in 12 of 23 covered states.

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