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Litigation

Top EPA Official Eyes States' Help To Overhaul Agency Enforcement Goals

EPA's top political appointee in the enforcement office says states will play a major role in a looming potential overhaul of the agency's enforcement priorities in order to help identify and scrap goals that are outdated or already achieved, while floating possible new target areas for enforcement such as drinking water contamination.

1085 words

209523

OECA Weighs 'Refresh' For Policies On Facilities' Self-Audits Of Violations

EPA's Office of Enforcement & Compliance Assurance (OECA) is weighing a “refreshing” of its self-audit policies that gives facilities incentives to report violations to the agency, says OECA's top political deputy Patrick Traylor, but he is strongly backing an existing policy that expands incentives for new facility owners to report past violations.

490 words

209522

State farm groups, Monsanto sue to halt California listing of glyphosate

Organizations argue that the Proposition 65 listing of the popular herbicide violates several sections of the U.S. Constitution and could disrupt the nation's food production and processing supply chains.

424 words

209511

DOJ Official Vows Strong CWA Enforcement Under Trump Administration

The Justice Department's (DOJ) acting environment chief is vowing the Trump administration will pursue a “strong program” of civil and criminal Clean Water Act (CWA) enforcement while promoting “a compliance assistance mindset” as many states and localities have done, downplaying concerns about possible enforcement cuts.

1077 words

209504

District court urged to scrap EPA's pesticide applicators rule delay

Ahead of a hearing next month, environmentalists want the court to undo EPA's delay of an Obama-era rule strengthening protections for applicators of certain pesticides.

602 words

209505

Fearing High Court Ruling, EPA Proposes Two-Year Delay For CWA Rule

EPA and the Army Corps of Engineers are proposing to retroactively delay the 2015 Clean Water Act (CWA) jurisdiction rule's effective date into 2019 or beyond, in order to avoid having to apply the Obama-era policy they are seeking to repeal, if a Supreme Court ruling dissolves a nationwide stay blocking the rule's implementation.

636 words

209501

EPA Eyes 2019 For Completing Two-Step Plan To Overhaul Coal Ash Rule

EPA is pledging to finish an overhaul of the Obama-era Resource Conservation & Recovery Act (RCRA) coal ash disposal rule no later than December 2019 but could finalize a first step of revisions much sooner by combining them with another set of revisions the agency started work on in 2016 but is yet to formally propose.

629 words

209498

D.C. Circuit Judges Appear Inclined To Back Air Trading As Haze Control

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit at Nov. 16 oral argument appeared inclined in principle to back EPA's approval of emissions trading as an alternative to source-specific regional haze controls, which would bolster the agency in several pending suits over haze plans relying on trading.

1301 words

209494

Science, Policy Questions Pose Major Hurdles For CWA Jurisdiction Rule

Scientific and policy questions are posing major lingering hurdles for state regulators, utilities, industry groups and others as they aim to craft recommendations for how EPA should develop a Clean Water Act (CWA) jurisdiction rule to replace the Obama-era jurisdiction regulation that critics say failed to resolve many of those questions.

1434 words

209491

EPA, industry groups defend 'exceptional events' air rule

EPA and industry groups are defending the agency's Obama-era rule on “exceptional events,” saying the agency's definition of “natural event” is reasonable and due deference by courts.

619 words

209430

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