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Senate Democrats on the Committee on Environment & Public Works (EPW) are touting a compromise on language to amend a bipartisan Toxic Substances Control Act (TSCA) bill ahead of a committee markup slated for April 28, including narrowing state preemption provisions, allowing states to act as “co-enforcers” and other revisions.

BP Exploration & Production is joining Andarko Petroleum Corp. in seeking Supreme Court review of an appellate ruling that found the companies subject to billions of dollars in penalties for their role in the Deepwater Horizon oil spill, with BP going beyond Anadarko's arguments to urge the high court to clarify how to apply key legal concepts to civil enforcement of Clean Water Act (CWA) cases.

Critics of EPA’s proposed stricter ozone national ambient air quality standard (NAAQS) are reviving the idea of using a “health-health” analysis -- balancing health benefits of a stricter standard against health costs -- to help undermine the case for tightening the limit and circumvent a legal bar on considering costs in setting NAAQS.

Officials with California’s San Joaquin Valley air district are floating a draft legislative proposal for Congress that they say would ease implementation of a potentially stricter EPA ozone national ambient air quality standard (NAAQS) by giving certain areas out of attainment with the standard more time to cut pollution and meet it.

The U.S. Court of Appeals for the 9th Circuit is poised to consider a novel district court ruling that found the deposition of hazardous substances onto land or water stemming from a mining facility’s air emissions constitutes “disposal” under the Superfund law’s arranger liability provisions -- a decision that has drawn interest from the U.S. government, which fears that a reversal could harm cleanup efforts at hundreds of contaminated sites.

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.