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High court’s groundwater ruling could spur years of permit confusion

Former Solicitor General Paul Clement said the test for a “functional equivalent” to pollution discharges could create the same kind of confusion that has long affected Clean Water Act jurisdiction.

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Regulators Criticize DOE Withholding Of Hanford Cleanup Budget Plans

EPA and Washington state regulators, along with citizen advocates, are criticizing the Energy Department’s (DOE) decision to withhold fiscal year 2022 budget details during a recent virtual budget meeting on DOE’s largest nuclear waste site, saying the release of such details is necessary to aid stakeholders’ input into the cleanup plan.

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EPA eyes new rule to codify controversial science advisor policy

EPA declined to appeal a ruling vacating the controversial policy but indicated it may seek to codify it in a new ethics regulation.

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EPA sends final coal ash ‘Part A’ rule for White House review

The rule will force unlined ash disposal sites to shut down even though EPA has already proposed exceptions to that mandate, and will also create new deadline extensions for facility closures.

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In Superfund Case, 7th Circuit Backs Easier Suit Transfer To Federal Courts

The U.S. Court of Appeals for the 7th Circuit is backing other circuits in easing the ability to shift litigation from state courts to federal courts for actions that government contractors connect to federal government orders, in a case over exposure to hazardous substances at a Superfund site in Indiana that will now be heard in federal court.

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Responding To Industry Concerns, EPA Revamps ‘Ignitability’ Waste Rule

EPA is paring back some of the revisions it planned to include in an updated waste rule aimed at addressing “ignitability” criteria for hazardous waste, following concerns raised by industry groups that the draft rule could have prompted recategorizing generators’ materials and cost the chemical and retail industries tens of millions of dollars.

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D.C. Circuit sets oral argument in NPL listing challenge

EPA is fighting a chemical company’s legal challenge to overturn the agency’s decision to list a site in New Jersey on the Superfund National Priorities List.

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Wheeler tours swing states to tout Trump environment record

“Given the polling, it makes sense Wheeler would be heading to battlegrounds to greenwash Trump’s abysmal record,” one environmentalist says of Wheeler’s recent visits to Michigan, Wisconsin, Pennsylvania and Georgia.

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Environmentalists will appeal ruling upholding EPA ash rule reviews

Environmental groups will ask a federal appeals court to tighten both EPA’s overall process for reviewing state coal ash permit programs, and Oklahoma’s rules in particular.

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Senators Back New Federal Action To Aid Recycling But Specifics Hazy

Senators from both parties appear open to new federal action that would bolster recycling programs to combat a growing plastic-waste crisis, but what that action would look like remains unclear as neither side is embracing a Democratic bill to enforce “extended producer responsibility” (EPR) mandates for manufacturers.

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