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Waste

Wheeler Faults States’ Criticism Of EPA’s PFAS Action Plan As ‘Inaccurate’

EPA Administrator Andrew Wheeler is strongly rejecting state regulators’ criticism of the Trump administration’s action plan targeting per- and polyfluoroalkyl substances (PFAS), saying their recent letter criticizing the plan includes “inaccurate” statements, such as that the plan fails to address the contaminants broadly as a class.

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Appeals court poised to weigh waste rule exclusion

The court is reviewing the lawfulness of EPA's transfer-based exclusion (TBE), which exempts third-party recyclers of hazardous secondary material from stringent RCRA regulation.

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Petitioner Details First-Time Challenge To EPA's Vapor Intrusion Site Listing

An auto parts company is detailing first-time arguments challenging EPA's landmark decision to add a site to the Superfund National Priorities List (NPL) based solely on the presence of a vapor intrusion pathway, charging the decision is arbitrary because it did not consider ongoing mitigation and used a residential, rather than industrial, measure of the site's air quality.

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Bipartisan House group seeks DOD funding boost for PFAS cleanups

The PFAS Task Force is urging appropriators to provide “robust” funding to remediate PFAS contamination at both active and closed military bases.

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North Carolina strengthens region's push for strict coal ash controls

The state is ordering Duke Energy to excavate its remaining coal ash impoundments in the state, illustrating a growing trend of stringent state requirements.

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New Jersey PFAS Directive Sets State Precedent But Risks Industry Fight

New Jersey's issuance of a first-time, wide-ranging directive requiring five major chemical companies to fund past and future cleanup costs and provide large amounts of data related to per- and polyfluoroalkyl substances (PFAS) contamination likely sets a precedent for other states but will almost certainly draw industry challenges, sources say.

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Judge dismisses Utah’s water claims in Gold King suit

The judge hearing suits over the 2015 Gold King Mine wastewater spill held that the Clean Water Act preempts state laws limiting interstate water pollution from the release, but is letting other claims proceed.

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EPA proposing to revise RCRA definition of 'ignitable' waste

“I think that the new procedures for determining if multi-phase wastes are ignitable may be problematic and capture wastes that have not been managed as ignitable,” an industry source says.

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Roberts' 'Swing' Vote Could Determine Future Of Agency Deference Doctrine

Supreme Court Chief Justice John Roberts' currently unknown position on when courts should defer to EPA and other federal agencies' interpretations of their regulations will largely determine whether and to what degree the current standard remains, according to legal experts.

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Justices Grapple With Whether To Narrow EPA Regulatory Deference

Supreme Court justices at March 27 oral argument appeared unlikely to completely overturn a key precedent granting deference to EPA and other federal agencies' interpretations of their regulations, though several of the justices appeared open to the Trump administration's call to narrow the deference.

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