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Some industry attorneys are calling for EPA to allow states to take a leading role in reviewing facilities' self-reported violations of environmental laws rather than employing the agency's own self-audit policy, saying the federal program is outdated and has limited resources that have led to delays responding to submissions.

Environmentalists are suing EPA over its approval of Washington, D.C.'s Clean Water Act (CWA) cleanup plans for E. coli in the Anacostia and Potomac rivers, urging a federal district court to scrap the plan's monitoring mandates for being too weak to detect bacteria levels -- despite precedent on courts deferring to EPA on such mandates.

A federal appeals court is set to weigh how broadly the Clean Water Act (CWA) applies to wetlands that are “adjacent” to protected waters, in a case that could set a precedent on how much power the law gives EPA and other agencies over marginal wetlands -- the latest dispute over the CWA's scope to face a legal challenge.

The state of Washington and Native American tribes are asking the full U.S. Court of Appeals for the 9th Circuit to review a landmark panel ruling that excluded hazardous substance emissions settling miles away on land or water from Superfund’s reach -- a conclusion the state says distorts the circuit’s law and creates “absurd and arbitrary outcomes.”

The U.S. Court of Appeals for the 9th Circuit's landmark ruling that found air emissions are not included in the Superfund law's liability scheme is unlikely to affect EPA's enforcement practices, say legal experts who generally represent industry clients, noting the agency does not have a history of pursuing air deposition cases under the law.

Sen. Barbara Boxer (D-CA), ranking member on the environment committee, is urging EPA to use new authority in the revised Toxic Substances Control Act (TSCA) to start the process of developing a ban on asbestos, saying that some lawmakers who backed TSCA reform did so with the expectation it would help EPA issue the prohibition.

California's proposal to regulate two flame retardant chemicals as "priority chemicals" under the state's green chemistry program could serve as an early test of the revised federal Toxic Substances Control Act's (TSCA) preemption of state programs, attorneys say, because EPA is already assessing the risks of several flame retardants.