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Appellate Court Finds Broad Application Of CERCLA State Preemption

The U.S. Court of Appeals for the 4th Circuit has become the second appellate court to read the Superfund law as broadly preempting state limits on when individuals can bring toxic tort claims, despite calls from the Justice Department (DOJ) for a narrow reading of the statute based in part over federal liability for exposures at a major Marine Corps base.

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CBD Vows To Appeal Rulings Blocking Suits Seeking Ban On Lead Bullets

The Center for Biological Diversity (CBD) is continuing its push to compel EPA and other federal agencies to restrict the use of lead bullets and plans to appeal two recent federal court rulings dismissing their suits that the group says failed on procedural grounds rather than on the merits.

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Obama Plan Stays Silent On NEPA Climate Guide, Worrying Environmentalists

Despite a long list of measures to address climate change, President Obama's climate action plan is silent on whether the White House Council on Environmental Quality (CEQ) will complete long-pending guidance on how agencies should assess the greenhouse gas (GHG) impacts of federal decisions under the National Environmental Policy Act (NEPA), prompting concern from environmentalists that the administration may abandon the effort.

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Industry Criticizes Review Process For First In Series Of TSCA Assessments

Industry is broadening its criticism of the peer review process EPA has undertaken for its assessments of dozens of existing chemicals for possible regulation under the Toxic Substances Control Act (TSCA), arguing that agency charge questions that will guide the first of those peer reviews fail to follow Information Quality Act (IQA) guidelines and recommendations from the National Academy of Sciences (NAS).

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Group Seeks Stronger Oversight At Hanford After EPA Criticizes State Action

An environmental group is calling on Washington state regulators to strengthen their oversight of the Energy Department's (DOE) Hanford nuclear waste cleanup site, after releasing a recent EPA Region X audit that in part found significant lapses in inspections the state was supposed to conduct at the massive complex.

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Facing Legal Concern, Vitter Seeks To Clarify TSCA Bill's Tort Preemption

Sen. David Vitter (R-LA) has developed language to clarify a provision in the bipartisan Toxic Substances Control Act (TSCA) reform bill that some lawyers and others have charged limits the ability of private plaintiffs to bring toxic tort claims in state courts for harms caused by chemicals that EPA has deemed to be safe.

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EPA's New Analysis Of Endogenous Methanol Fails To Win Experts' Backing

Experts reviewing the agency's draft Integrated Risk Information System (IRIS) assessment of methanol are seeking further review of the difference between EPA's proposed reference levels and natural methanol levels in the body, suggesting they are still concerned the agency's proposed levels are too conservative.

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EPA Eyes New E-Waste Definition To Address IG's Management Concerns

EPA is vowing to craft a new single definition of electronic waste (e-waste) and evaluate its e-waste recycling and disposal programs to improve its management of the waste following a critical Inspector General (IG) report, but EPA says it lacks data to develop new e-waste testing and also lacks resources to bolster e-waste program enforcement.

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Report Cites State Concerns Over Managing Interim Risks At Munitions Sites

A state waste managers group says states believe that interim risk management (IRM) controls are needed to address explosive risks at a large number of munitions response sites that currently lack such measures, backing development of a national IRM framework that another state forum recommended in January.

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Fearing Costs, OSHA Overlap, Industry Urges EPA To Revise Vapor Guide

The chemical industry and other groups are calling on EPA to follow White House Office of Management and Budget (OMB) guidelines as it crafts its guide for assessing and mitigating risk created by vapor intrusion from chlorinated solvents, due to its hefty price tag and because it will infringe on the Occupational Safety and Health Administration's (OSHA) jurisdiction.

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