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Waste

GMA seeks review of recycling system

The Grocery Manufacturers Association is calling for a “comprehensive review and overhaul” of the country's recycling system after a survey it conducted found barriers to overcoming problems plaguing the system.

659 words

222072

Court Rejects Navy's Bid To Reverse Landmark PFAS Monitoring Ruling

The U.S. Court of Appeals for the 3rd Circuit has denied the Navy's petition for rehearing of a precedential ruling allowing residents near two military facilities to pursue medical monitoring claims after they were exposed to pefluorinated compounds, saying the military failed to raise its sovereign immunity arguments earlier in the case.

855 words

222065

Resisting EPA, DOD Chief Defends Eased PFAS Groundwater Cleanup Level

Acting Defense Secretary Patrick Shanahan is strongly defending his department's stance that the acceptable risk level for remediating groundwater contaminated with per- and polyfluoroalkyl substances (PFAS) should be much weaker than the 70 parts-per-trillion (ppt) level that EPA favors, raising doubts that officials will be able to quickly issue a long-promised policy.

975 words

222037

7th Circuit Ruling Cements Trend Of Low Threshold For RCRA Citizen Suits

A recent ruling from the U.S. Court of Appeals for the 7th Circuit cements a trend of judges setting a low threshold for citizen suits to proceed that allege imminent and substantial endangerment under federal waste law, allowing cases to advance that merely raise the risk of harm rather than the threat of irreparable harm.

838 words

222028

8th Circuit Backs Evidentiary Bar For Courts' Superfund Liability Findings

A federal appellate court is endorsing a lower court’s fact findings that parties who sold polychlorinated biphenyl (PCB)-contaminated buildings intended to arrange for disposal of hazardous substances, reinforcing the evidentiary bar that trial courts must meet to determine if a party is liable as an “arranger” under the Superfund law for response costs.

930 words

222012

New York Plans To Sue EPA Over Certifying Upper Hudson Cleanup Complete

New York is planning to sue EPA over its decision to certify the upper portion of the Hudson River cleanup as complete even though the agency left the door open to additional future cleanup requirements by issuing a separate review that defers until a future date whether the cleanup is “protective.”

1598 words

221981

Despite Bipartisan Support, Officials Doubt PFAS Bills' Prospects

A top Defense Department (DOD) environment official is expressing doubt over prospects for bipartisan and bicameral legislation that seeks to boost regulation and funding for addressing cleanup of per- and polyfluoroalkyl substances (PFAS), an assessment that at least one top Democrat appears to share.

789 words

221962

EPA's Toxics Office Eyes Addressing PFAS In Smaller Subclasses

EPA's toxics office is eying the possibility of eventually addressing per- and polyfluoroalkyl substances (PFAS) in small subclasses, an approach that would likely ease efforts to deal with the thousands of chemicals in the class though it could set up obstacles for industry if newer PFAS are part of a heavily regulated subclass.

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221961

New York's Cuomo threatens suit if EPA certifies Hudson cleanup

Gov. Andrew Cuomo (D-NY) says the state might sue to block EPA's certification that the Hudson River is complete “if there is any legal viability to the suit whatsoever.”

461 words

221965

Judges Split On Environmentalists' Standing To Challenge Waste Rule

Appellate judges appeared split during April 9 oral argument on whether environmentalists have standing to challenge an EPA exclusion that exempts third-party recyclers of hazardous secondary materials from strict waste rule requirements even as the panel appeared to question environmentalists' argument on the merits.

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221941

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