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Litigation

Environmentalists Push To Tighten EPA Rules As BP Spill Anniversary Nears

As the 10th anniversary of the massive BP oil spill approaches, environmentalists are stepping up their efforts to get EPA to strengthen its spill response rules, calling on advocacy groups to join a new national campaign to press for regulation of chemical dispersants as it continues litigation against the agency to force action.

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EPA Waste Office Floats Plan To Bolster Lagging Participation In E-Manifest

EPA’s waste office is seeking advice from an advisory committee on a plan to bolster lagging participation in its national hazardous waste electronic manifest (e-Manifest) system by increasing participants’ ability to use electronic signatures.

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EPA Seeks Documents For Virus Enforcement Policy But Lacks Detail

EPA’s civil enforcement chief says facilities hoping to take advantage of the agency’s “enforcement discretion” policy during the COVID-19 pandemic will need documentation that any violation was linked to the public-health emergency, but the required records will depend on the specific facility and incident.

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DOJ Gives Industry Blanket Relief From Paying Penalties Due To COVID-19

The Department of Justice (DOJ) is taking the unprecedented step of offering blanket relief -- at least until the end of May -- to parties subject to consent decrees that require penalty payments to the U.S. Treasury, citing economic disruptions caused by the COVID-19 pandemic, according to a model letter obtained by Inside EPA.

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DOJ Offers Temporary Case-By-Case Penalty Payment Halt During Virus

The Department of Justice (DOJ) is taking the unprecedented step of offering, on a case-by-case basis, to halt until at least the end of May penalties that parties subject to consent decrees must pay to the U.S. Treasury, citing economic disruptions caused by the COVID-19 pandemic, according to a model letter obtained by Inside EPA.

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New Jersey approves strict MCLs for two key PFAS

“Experts say New Jersey’s new PFAS limits are among the most legally sound, presenting a new proving ground for a state’s ability to regulate PFAS,” according to local press reports.

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EPA Agrees To Finalize High-Profile Temperature TMDL After Court Losses

EPA has agreed with environmentalists to finalize a temperature reduction plan for the Columbia and Lower Snake rivers in Washington state and Oregon by May 18, following precedential rulings requiring agency action, although EPA is continuing to dispute in other litigation the controversial judicial doctrine at the heart of the rulings.

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Rejecting Plaintiffs, Judge Orders Virtual Trial In Landmark TSCA Suit

A federal judge has ordered a first-time citizen suit under the revised Toxic Substances Control Act (TSCA) to proceed in a virtual bench trial later this year due to the coronavirus pandemic despite objections from the plaintiffs who had won the right to a de novo proceeding where they will be able to present new evidence to the court.

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EDF seeks EPA enforcement waiver information

The April 9 FOIA request along with an April 1 emergency rulemaking petition both lay the groundwork for litigation over the unprecedented policy.

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Environmentalists sue EPA for approving Texas’ ‘affirmative’ air defense

Sierra Club and eight other environmentalist groups are waging their latest legal fight over EPA’s acceptance of ‘affirmative defenses’ in state air plans against liability for unplanned emissions violations.

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