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EPA waste enforcement discretion guide ‘imminent’

Informed sources say the document for private party cleanups is expected to be similar to internal agency guidance that applies to EPA-run cleanups.

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House Lawmakers Launch Early Push For PFAS Measures In Defense Bill

House lawmakers are launching an early push to try to attach stalled policy measures to regulate per- and polyfluoroalkyl substances (PFAS) to next year’s defense authorization bill, seeking to build on efforts late last year that added a host of PFAS measures to the fiscal year 2020 National Defense Authorization Act (NDAA).

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Court Allows Air Force’s Landmark Challenge To New Mexico’s PFAS Permit

A federal district court has ruled the Air Force can move forward with its landmark case challenging New Mexico’s regulation of per- and polyfluoroalkyl substances (PFAS) in a hazardous waste permit for a base, bolstering the military’s precedent-setting attempt to limit states’ PFAS authorities over cleanup of the emerging contaminants.

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Chemours left to arbitrate fraudulent claims against DuPont

A Delaware state court ruled March 30 that it lacks jurisdiction to oversee the legal challenge.

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IRS poised to issue plan barring tax deductions for some settlements

The proposal may not be welcomed by industry if it bars deductions for most settlements.

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Continuing Push To Limit SEPs, DOJ’s Clark May Seek Citizen Suit Curbs

Weeks after barring EPA and the Justice Department from using supplemental environmental projects (SEPs) in civil settlements, Jeffrey Clark, the Justice Department’s (DOJ) environment chief, says he is now weighing whether he can also prohibit their use in citizen enforcement suits, while also suggesting he may seek to limit the suits themselves.

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EPA Makes Case-Specific Cleanup Decisions As Virus Drives Health Fears

EPA is taking a case-by-case approach in deciding whether to proceed with cleanup activities at Superfund sites in the face of concerns that continuing remedial work could spread the coronavirus, though the agency is maintaining its ability to respond to “health or environmental emergencies” at Superfund or other waste sites.

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As EPA Readies Guide, Waste Industry Seeks Waiver For Numerous Rules

The waste and recycling industry is asking EPA to suspend enforcement of numerous rules during the COVID-19 pandemic, the latest in a series of sectors seeking relief from EPA in a guidance that is expected to be issued as soon as March 26.

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Environmentalists Issue Legal Warning In Bid To Extend CCR Deadlines

Environmentalists are stepping up calls for EPA to extend comment deadlines for major deregulatory plans during the COVID-19 pandemic, arguing in the case of its coal ash rule that failing to act risks violating constitutional Due Process rights and statutory requirements.

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Judge Grants Exxon Motion To Stay CLF’s Novel CWA Climate Change Case

In a potential setback for environmentalists, a federal district court judge has put on hold their novel litigation challenging the lack of climate change considerations in a Clean Water Act (CWA) discharge permit for an ExxonMobil oil terminal, finding it is appropriate to wait until EPA finalizes a renewed permit for the facility next year.

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