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Waste

Groups oppose industry intervention in radioactive byproduct case

Environmentalists oppose an attempt by a fertilizer industry group to intervene in their legal challenge of EPA’s decision to allow the use of a radioactive fertilizer byproduct in federal road construction.

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10th Circuit Judges Probe Deadlines For Gold King Mine Spill Tort Claims

A three-judge panel of the U.S. Court of Appeals for the 10th Circuit at recent oral argument in tort litigation over the Gold King mine spill probed whether the court should apply statute of limitations established by the state where the spill originated or by the state where the case is proceeding in federal district court.

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EPA Pulls Five More Trump Policies From OMB Pre-Publication Review

EPA has withdrawn from White House Office of Management and Budget (OMB) review five more air and water policies developed by the Trump administration following Biden White House Chief of Staff Ron Klain’s announcement of a regulatory freeze in order to reconsider pending Trump EPA actions.

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D.C. Circuit assigns three-judge panel for EPA landfill air rule suit

The litigation is currently slated for oral argument Feb. 22 but the Biden administration might seek to have the case put on hold while it weighs potential changes to the contested regulation.

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EPA critics detail legal attacks on radioactive byproduct reuse policy

Environmentalists are outlining their legal challenge to EPA over its approval to allow the use of a radioactive byproduct from fertilizer production in road construction.

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Citizen Coalition Urges Biden To Tap PFAS ‘Czar’ To Oversee Federal Actions

A coalition of local citizen and environmental groups is urging the Biden administration to embrace aggressive measures to address per- and polyfluoroalkyl substances (PFAS), stressing the need for a White House PFAS “czar” to oversee policy and ensure accountability from the Defense Department (DOD) in addressing the chemicals.

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DuPont, Chemours Reach $4 Billion Settlement Over PFAS Liability

DuPont and its spinoff company The Chemours Company have reached a $4 billion settlement that will pay for potential legacy liabilities for the cleanup of per- and polyfluoroalkyl substances (PFAS), resolving Chemours’ claim that DuPont fraudulently spun off the company and saddled it with excess liability for any contamination.

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Environmentalists sue EPA over final dust-lead clearance rule

Environmentalists are challenging EPA’s final rule setting dust-lead clearance levels in an expected move after earlier criticism that the draft version did not go far enough in setting protective levels.

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Biden Urged To Restore Draft CERCLA Listing For PFAS After Plan ‘Gutted’

Trump critics are urging the Biden administration to restore EPA’s internal draft proposal seeking to list two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the Superfund law after departing officials released an 11th-hour plan that the critics say “gutted” the original proposal and only asks whether the PFAS should be designated.

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Supreme Court Case May Clarify Trigger For CERCLA Contribution Rights

The Supreme Court’s decision to review a key Superfund case could provide potentially responsible parties (PRPs) with much-needed clarity on whether non-Superfund settlements are enough to trigger contribution rights and start the clock on the statute of limitations to file claims to recoup cleanup costs, private-practice attorneys say.

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