EPA's waste office is recommending in new guidance that regional offices consider taking early actions at high-risk portions of sediment sites and is re-emphasizing collaboration between Superfund and water programs at such sites, as part of an effort aimed at providing best practices for what are often complex and expensive mega-sites.
A three-judge panel of the U.S. Court of Appeals for the 9th Circuit at oral argument Feb. 17 raised questions over whether a lower court had overreached when it ruled that the Clean Water Act (CWA) categorically preempts Resource Conservation & Recovery Act (RCRA) claims.
Rep. John Shimkus (R-IL) says he hopes lawmakers can reach bipartisan compromise on legislation to reform EPA's brownfields redevelopment program similar to the broad consensus he helped achieve on last year's overhaul of federal toxics law, in lieu of more sweeping changes to the Clean Air Act that Democrats are refusing to entertain.
House Democrats and Republicans are weighing options for a nascent push to reform the brownfields law as a rare bipartisan legislative effort that could gain broad support in the 115th Congress, with options including how to boost funding for EPA's brownfields program and possible steps to make the existing law more flexible.
Environmental petitioners are rebutting recent EPA arguments in a case seeking to force the agency to update its lead hazard standards for dust and soil, with petitioners arguing EPA has failed to fulfill its duty to revise the standards in accordance with updated science.
The Government Accountability Office (GAO) says revisions to the Toxic Substances Control Act (TSCA) could help move EPA's chemical risk assessment program off GAO's list of programs that pose a “high risk” of fraud, waste or abuse, because the updated law will help EPA take steps to address the watchdog's long-running concerns.
EPA is arguing that it cannot be held responsible in court for its role in the 2015 Gold King Mine wastewater spill because the agency was trying to clean up pre-existing contamination at the former mine site, saying liability rests with the former owners who allowed the contamination to build up and that the suit over EPA's role should be dismissed.
Several pending novel citizen suits under the Resource Conservation & Recovery Act (RCA) could lead to an expansion of how the law's citizen suit provision can be used, as well as increase the number of such suits, especially if EPA enforcement falls in the next few years, a legal expert says.