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Justices Back State Law Damages Claims But Preserve EPA’s CERCLA Role

A divided Supreme Court has held that the federal Superfund law does not preempt state courts from overseeing damages and other claims made under state tort law though the justices preserved EPA’s ultimate cleanup authority by finding landowners seeking a more extensive cleanup remedy through tort claims must first obtain agency approval.

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EPA delays comments for chemical sector financial assurance waiver

The 15-day extension is less than the 60 days environmentalists had requested.

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Judge Backs EPA Ash Permit Reviews But Partially Vacates State Program

A federal district judge has upheld EPA’s process for reviewing states’ coal ash permitting programs and rejected environmentalists’ claims that the policy violates the Resource Conservation & Recovery Act (RCRA), but has also partially vacated the first state permitting rule that the agency approved under the process.

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Environmentalists Detail Legal Attacks On EPA’s Coal Ash Permit Plan

Environmentalists are detailing legal attacks on EPA’s proposed nationwide Resource Conservation & Recovery Act (RCRA) permit program for coal ash disposal, faulting the agency’s plan for “lifetime” permits that never expire, its use of general permits, and limited public outreach on proposed limits.

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CalEPA Plans To ‘Fill’ EPA Enforcement Gaps, Offers ‘Limited’ Industry Relief

California environmental officials say they will “fill any enforcement gaps left by U.S. EPA’s decision to reduce environmental oversight” during the COVID-19 emergency, while offering more-limited compliance and enforcement relief to industries than what the federal agency has offered.

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Rejecting EPA Remedy, Federal Judge Vacates EPA’s Science Advisor Policy

A federal judge has vacated and remanded the key portion of the Trump EPA’s 2017 policy barring scientists receiving agency research grants from serving on its advisory panels, likely forcing the agency to drop the use of the controversial limitation as it works to fill upcoming vacancies on at least two key advisory panels.

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Environmentalists Push To Tighten EPA Rules As BP Spill Anniversary Nears

As the 10th anniversary of the massive BP oil spill approaches, environmentalists are stepping up their efforts to get EPA to strengthen its spill response rules, calling on advocacy groups to join a new national campaign to press for regulation of chemical dispersants as it continues litigation against the agency to force action.

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Environmentalists Query EPA’s Use Of Ruling To Justify Science Rule Power

Environmentalists are questioning EPA’s citation of a Supreme Court ruling issued decades ago to justify the use of an obscure federal housekeeping statute as the basis for its controversial plan limiting the use of science in policy decisions, arguing that even if it could use the law, the agency is going well beyond what the high court and Congress allowed.

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EPA Waste Office Floats Plan To Bolster Lagging Participation In E-Manifest

EPA’s waste office is seeking advice from an advisory committee on a plan to bolster lagging participation in its national hazardous waste electronic manifest (e-Manifest) system by increasing participants’ ability to use electronic signatures.

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Environmentalists’ Virtual Hearing On EPA Science Rule Previews Legal Fight

Environmentalists and former EPA officials testifying during a virtual hearing hosted by the Union of Concerned Scientists (UCS) previewed legal arguments they appear likely to make when they almost certainly challenge the agency's controversial plan limiting the use of science in rulemaking and policy decisions.

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