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Litigation

Supreme Court Sides With Guam In Dispute Over Superfund Settlements

The Supreme Court in a unanimous opinion has ruled that non-Superfund settlements cannot trigger the law’s contribution rights and its shorter three-year statute of limitations for filing claims to recoup cleanup costs, siding with the territory of Guam in its bid to force the United States to cover some of its massive costs at a landfill.

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Sierra Club threatens EPA with suit over late SO2 plans

Environmentalists are threatening to sue EPA to force final action on delayed state and federal air plans for reducing sulfur dioxide (SO2) air pollution.

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St. Croix residents sue Limetree Bay refinery over pollution releases

Residents opposed to the controversial U.S. Virgin Islands refinery are citing EPA’s temporary shutdown of the refinery to support their litigation claiming harms from the facility’s releases.

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Cleanup Contractor Says EPA Lawsuit Exempt From Judicial Review Bar

Cleanup contractor Tetra Tech is urging a federal district court to deny an EPA-Navy request seeking dismissal of the contractor’s suit aiming to block the agencies from recovering significant costs for the redo of cleanup investigative work at a California Superfund site, rejecting their claim that the Superfund law prohibits the challenge.

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Democratic State AGs Back Biden EPA Equity Push, Tout States’ Efforts

East Coast Democratic state attorneys general (AGs) are underscoring their support for the Biden administration’s goal of elevating environmental justice (EJ) in decision-making while touting states’ efforts to also boost equity, but they are warning it will take time and effort to reverse Trump-era policies they view as damaging to EJ areas.

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Industry Groups’ Suit Over New Jersey PFAS Limits Tests State Policies

Industry groups are detailing their arguments in a legal challenge to New Jersey’s drinking water and groundwater regulations governing per- and polyfluoroalkyl substances (PFAS), a test case for standards that some experts consider are among the most legally sound enforceable PFAS limits that several states are pursuing.

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CBD threatens suit to force EPA RCRA rules for PVC

Environmentalists are threatening to sue EPA for not responding to a rulemaking petition they filed in 2014 asking the agency to regulate polyvinyl chloride (PVC) as hazardous waste.

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EPA Developing Policy Guidance For Bolstering Civil Rights Enforcement

EPA is developing policy guidance it plans to release this year to bolster non-discrimination program requirements that recipients of agency funding must follow, and plans next year to strengthen existing guidance on its Civil Rights Act Title VI standards of review, according to an official in EPA’s Office of General Counsel (OGC).

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10th Circuit Scraps Small Refiner’s Last-Minute Trump EPA RFS Waivers

The U.S. Court of Appeals for the 10th Circuit has scrapped three renewable fuel standard (RFS) compliance waivers that EPA issued to small refiner Sinclair just days before the end of the Trump administration, another setback for refiners who oppose the Biden EPA’s tougher stance on granting the exemptions.

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Missouri Defends Air Permitting Actions In Rare EPA Civil Rights Probe

Facing a rare preliminary finding of discrimination from EPA, Missouri’s Department of Natural Resources (DNR) is strongly defending its air permit for a local fuel company as complying with the agency’s nondiscrimination rules, saying it has the required processes in place and that the permit complies with the Civil Rights Act (CRA).

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