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Waste

Supreme Court Case May Clarify Trigger For CERCLA Contribution Rights

The Supreme Court’s decision to review a key Superfund case could provide potentially responsible parties (PRPs) with much-needed clarity on whether non-Superfund settlements are enough to trigger contribution rights and start the clock on the statute of limitations to file claims to recoup cleanup costs, private-practice attorneys say.

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DOE tells Congress reclassifying reprocessing waste will lower costs

The Energy Department is telling Congress in a new report that reclassifying reprocessing nuclear waste could save billions of dollars in disposal costs and accelerate the process while maintaining public safety.

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Democrats’ Hill Control Seen Boosting Outlook For CERCLA Action On PFAS

Upcoming Democratic control of the Senate after last week’s elections in Georgia is expected to bolster lawmakers’ efforts to require EPA to designate various per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Superfund law, though any Senate review could renew debate on liability carveouts for some affected sectors.

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EPA Warns Of Impending Challenges Managing Renewable Energy Waste

EPA is warning of impending waste management and recycling challenges with handling waste renewable energy technologies such as solar panels once they reach the end of their useful life, suggesting the agency should collaborate with the Energy Department (DOE) to aid in the private and public sectors’ management of the materials.

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EPA Floats Designation Of PFAS As CERCLA ‘Hazardous’ Substances

EPA has sent a proposal designating two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the Superfund law for White House review, a measure that is expected to bolster EPA’s cleanup authorities, months after Democrats questioned whether the Trump administration was delaying the designation.

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Rejecting DOJ, High Court Accepts Suit On CERCLA Statute Of Limitations

Over the objections of the Trump Justice Department (DOJ) and in a surprise to some lawyers, the Supreme Court has agreed to hear litigation that will test which section of the law, and their different statutes of limitations, parties must use when seeking to recoup Superfund cleanup costs.

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High Court Agrees To Hear Suits Over RFS Waivers, CERCLA Contribution

The Supreme Court has agreed to hear a suit contesting a landmark appeals court ruling that significantly limits EPA’s ability to issue renewable fuel standard (RFS) compliance waivers for refineries, and it will also hear separate litigation filed by Guam against the United States testing the scope of the Superfund law’s contribution clause.

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EPA Selects Navy’s Top Environmental Engineer To Lead Superfund Office

EPA has selected Larry Douchand, a long-time Navy environmental expert and nuclear engineer, to lead the agency’s Superfund office that oversees cleanup of the nation’s most contaminated hazardous waste sites.

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New Jersey court rejects industry groups’ bid to stay state PFAS rules

A New Jersey state court has rejected businesses’ call to stay landmark New Jersey water rules for the two per- and polyfluoroalkyl substances (PFAS) pending resolution of litigation over the regulations.

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OIG resolves dispute with EPA waste office over OSC protections

EPA’s Office of Inspector General (OIG) had been at odds with the waste office over calls to boost protections for on-scene coordinators (OSCs) conducting emergency responses during the COVID-19 pandemic.

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