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Trial to Inside EPA

Over the Biden administration’s objections, the Supreme Court has agreed to revisit the test EPA and the Army Corps of Engineers use when defining the scope of the Clean Water Act (CWA), opening the door to narrower protections and raising doubts about whether regulators will seek to finalize their proposed rule defining the law’s reach.

EPA is proceeding with its plans to require property management companies (PMCs) comply with lead paint renovation rules and not escape through a potential loophole, rejecting stiff criticism from industry groups that charged the change would impose new liabilities and unlawfully expand regulatory requirements.

EPA is seeking to dismiss Chevron’s appeal of what the company says is a policy requiring broad air permit review of offshore oil platform decommissioning near the California coast, arguing that its reversal of an earlier Trump waiver of air permitting is not “final action,” but also defending its more-expansive view of Clean Air Act requirements.

EPA is joining environmentalists in asking a federal appeals court to dismiss an appeal by industry groups and several Republican-led states of a lower court’s vacatur of the Trump-era Clean Water Act (CWA) section 401 rule governing state water quality certifications, even as the appellants double down on their push to reinstate the rule.

From Inside TSCA

EPA’s chemicals office is launching an effort to “streamline” TSCA reviews of new chemicals used in biofuels, including by crafting consolidated risk assessments for those substances -- a move it says will facilitate the goals of both the air program’s renewable fuel standard (RFS) and the Biden administration’s overall climate change agenda.