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Federal Facilities

11th Circuit Ruling Bolsters EPA's Defense Against Superfund Tort Claims

A new appellate court ruling that says EPA-led Superfund cleanup actions are “discretionary” and exempt from the Federal Tort Claims Act (FTCA) could bolster the agency's defense against suits that seek restitution for damage caused by cleanups, including ongoing litigation over the 2015 Gold King Mine spill caused by an EPA cleanup.

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Judge Rejects EPA Bid To Limit Scope Of Ruling Undoing CWA Rule Delay

A federal district judge who scrapped EPA's two-year delay of the Obama-era Clean Water Act (CWA) jurisdiction rule has rejected requests from the agency and industry groups to either reverse the ruling or limit its scope to only South Carolina, teeing up a likely appeals court fight as the Trump administration looks to broadly reinstate the delay.

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Industry Seeks To Refute Key TCE Study Ahead Of EPA, Carolina Actions

Chemical industry groups have submitted to EPA and its North Carolina counterpart a draft study intended to refute the findings of a controversial 2003 toxicology study that has driven conservative risk and remedial policies on trichloroethylene (TCE) as both agencies are poised to take important steps to address the ubiquitous solvent.

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Northeast State Officials Eye Organized Approach On Assessing PFAS Risks

Prompted by a federal agency's strict draft risk values released earlier this year, toxicologists in New York and other Northeast states have held a dialogue on the risks posed by per- and polyfluoroalkyl substances (PFAS), an early informal, coordinated effort to prepare for a possible review should state regulators decide to craft drinking water standards.

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EPA Expanding Validated Testing Methods For PFAS In Various Media

As public concerns about per- and polyfluoroalkyl substances (PFAS) mount, EPA has updated and expanded its validated test methods for identifying the chemicals in drinking water, a move that will help laboratories determine which PFAS compounds are present in drinking water.

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Utilities Urge EPA To Fix SDWA Constitutional Concern In Perchlorate Rule

Rural water utilities are suggesting that a provision in the Safe Drinking Water Act (SDWA) that gives the EPA administrator “sole judgment” to determine new contaminants may be vulnerable to a constitutional challenge under the “non-delegation” doctrine, and are urging the agency to address the issue in an upcoming rule governing perchlorate.

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EPA, environmentalists clash over latest CWA rule delay order

Environmental groups and EPA are staking out competing positions on the logic behind the Nov. 26 court order that scrapped the Trump administration's delay of the Obama-era jurisdiction rule.

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Army Orders Reduced Open Burning, As NAS Eyes Alternative Methods

The Army's installations and environment office has ordered the service's commands to immediately seek to reduce the open-burning of explosives waste in the face of ongoing pressure from citizens groups to end the practice just as the National Academy of Sciences (NAS) is slated to suggest demilitarization alternatives to open burning/open detonation (OB/OD) of munitions.

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Second Ruling Scrapping CWA Rule Delay Solidifies Regulatory Patchwork

A second federal district judge has ruled that EPA's delay of the Obama-era Clean Water Act (CWA) jurisdiction rule was unlawful and scraps the Trump administration's order blocking the rule's enforcement nationwide, solidifying a regulatory patchwork on the CWA's reach as various court decisions have now revived the rule in 22 states.

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EPA Floats New Risk Values For Two PFAS, Continuing Regulatory Patchwork

EPA has released new draft toxicology assessments for two per- and polyfluoroalkyl substances (PFAS) known as GenX and PFBS, long-awaited by state agencies and other stakeholders, but the numbers -- a stricter level than North Carolina recently adopted for GenX and a weaker level than Minnesota adopted for PFBS -- continue the regulatory patchwork that EPA and states have created.

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