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A Justice Department (DOJ) memo clarifying when funds from the Treasury’s Judgment Fund can be used in settlements is prompting questions among Superfund attorneys, who say it may complicate Superfund settlement negotiations and that it creates ambiguity on whether DOJ is rejecting use of the fund in pay-as-you-go settlements.

EPA’s largest employee union is raising alarm over the agency’s plan to move its Region 5 offices into the second phase of its three-phase plan for reopening during the COVID-19 pandemic, warning that the move due to take effect Sept. 22 could require staff to return to their offices just two weeks later, despite lingering fears about unsafe conditions.

Reps. David McKinley (R-WV) and Kurt Schrader (D-OR) are floating draft details of a plan to cut utilities’ greenhouse gas emissions that combines an immediate focus on technology programs with a longer-term “clean electricity standard” (CES), coupled with at least temporary preemption of existing EPA utility GHG rules.

The U.S. Court of Appeals for the District of Columbia Circuit is poised to hear oral argument Sept. 22 in a suit filed by Sierra Club and other environmental groups over EPA’s policy allowing “interprecursor” air trading in states’ plans for attaining federal ozone standards, a practice critics say violates the Clean Air Act and may hike pollution.

The Transportation Climate Initiative (TCI) -- a cap-and-invest program for reducing greenhouse gas emissions from transportation fuels in the Northeast and Mid-Atlantic -- is advancing with plans for a final memorandum of understanding (MOU) for the program by later this fall, despite disruptions from the COVID-19 pandemic.

Environmentalists’ new lawsuit aiming to force EPA to add limits for additional air pollutants to its existing steel mill toxics emissions policy will test a recent U.S. Court of Appeals for the District of Columbia Circuit precedent requiring that EPA fill in “missing” limits for air toxics left unregulated by toxic emissions policies.

Montana and the oil and gas industry are echoing the Army Corps of Engineers’ call for an appellate court to reverse a ruling that vacated the use of a Clean Water Act (CWA) general permit for the Keystone XL pipeline, arguing a lower court erred on both the merits and the remedy in its decision.