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Appellate judges at Oct. 24 oral arguments wrestled with the scope of Toxic Substances Control Act (TSCA) exclusion for items that are taxed as ammunition, suggesting the exclusion could hinder advocates' suit seeking TSCA regulation of lead bullets while also questioning whether EPA's reliance on the exclusion is too broad.

EPA Administrator Gina McCarthy is rejecting concerns that EPA's greenhouse gas (GHG) standards for existing utilities does not sufficiently credit early actions from her home state of Massachusetts and other leading states, arguing their early efforts at regulating GHGs and increasing renewables and energy efficiency have already provided significant benefits.

Baltimore citizens are urging a federal appeals court to scrap and remand a district court ruling that extended a Clean Water Act (CWA) permit "shield" against legal liability to cover contamination under the Resource Conservation & Recovery Act (RCRA), and to force a new lower court hearing on their suit seeking RCRA remediation.

In the wake of EPA's decision earlier this year to shelve its rule requiring stormwater retention at new construction sites nationwide, environmentalists are pursuing a broad strategy of pressing states and EPA to tighten requirements in individual stormwater permits while eyeing new action on rejected petitions that sought permits for currently unregulated stormwater runoff.

Wastewater groups and storm sewer operators are pushing back against what they describe as a shift by EPA and environmentalists toward a permit-by-permit approach to enforcing strict limits on stormwater discharges across the country, despite the agency's decision earlier this year not to pursue a national stormwater rule.

The Environmental Appeals Board (EAB) is signaling, in a landmark case challenging the reach of EPA's Toxic Substances Control Act (TSCA) reporting rules, that it is focusing on claims an EPA enforcement action was time-barred, potentially teeing up a first-time appellate review of how a general five-year statute of limitations applies in enforcement of TSCA reporting violations.