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Waste

Michigan Governor Presses Air Force To Comply With State PFAS Limits

Michigan’s governor is stepping up pressure on the military to comply with state standards for regulating per- and polyfluoroalkyl substances (PFAS) in what could be a test case for states’ ability to ensure the military follows state PFAS cleanup standards that are often broader and more stringent than EPA’s approach.

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Federal district court defers allocating costs at major Superfund site

The Sept. 11 decision comes in a Superfund cost recovery and contribution case that pits Occidental Chemical Corporation against a group of potentially responsible parties.

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Hanford cleanup contractors settle fraud claims for $57.8 million

The Justice Department for the second time in four years has settled claims of fraud against major federal contractors at the Energy Department’s nuclear waste treatment project in Hanford, WA.

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9th Circuit Rejects Contribution Claims For ‘Potential Future’ Cleanup Costs

A federal appellate court is limiting contribution costs that a potentially responsible party (PRP) can recover from another liable party at a Superfund site, ruling a plaintiff cannot bring a contribution claim seeking “speculative, potential future response costs.”

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EPA Defends Authority To Create Mining Office Amid Potential Legal Limits

EPA is defending its authority to create a new western office aimed at speeding cleanups of former hardrock mining sites from Democrats’ criticism that it lacks merit, while observers claim the office will likely face limits due to long-running obstacles rooted in legal liabilities under waste and water laws that have impeded such cleanups.

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Wheeler Touts EPA Metrics In Rebuttal To Criticism Over Lack Of Action

EPA Administrator Andrew Wheeler during Sept. 21 remarks at the American Enterprise Institute (AEI) recited a lengthy list of what he said were the Trump administration’s significant environmental achievements, charging the news media with “underreporting” good news from the administration and faulting agency critics with discounting the results.

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DOJ Memo On Judgment Fund Raises Questions For CERCLA Settlements

A Justice Department (DOJ) memo clarifying when funds from the Treasury’s Judgment Fund can be used in settlements is prompting questions among Superfund attorneys, who say it may complicate Superfund settlement negotiations and that it creates ambiguity on whether DOJ is rejecting use of the fund in pay-as-you-go settlements.

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D.C. Circuit questions environmentalists’ appeal of coal ash decision

The court says that since environmentalists won a partial remand of Oklahoma’s ash disposal rules, they may have to wait for that process to finish before appealing aspects of the case that they lost.

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Shell Asks Court To Reject Rhode Island’s Support For Novel Climate Case

Shell Oil is urging a federal district court to reject arguments from Rhode Island that novel climate change litigation brought by the Conservation Law Foundation (CLF) should be allowed to proceed, arguing the state has yet to finalize regulatory requirements the court could interpret to rule on the merits of the case.

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Top DOD environment official Sullivan retiring

Maureen Sullivan, who has held leadership roles on environmental policy at the Defense Department for 28 years, is planning to retire, prompting a House lawmaker to lament the loss of “an incredible resource.”

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