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Waste

EPA Takes Initial Steps On PFAS Contamination Before Superfund Listing

EPA has begun to sample for potential contamination of two per- and polyfluoroalkyl substances (PFAS) at Superfund sites even before it lists the chemicals as “hazardous substances,” suggesting it could move quickly to require cleanup at sites where the agency had previously committed not to and where prior mandates are addressed.

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Judge Allows Environmentalists' Landmark Climate Permit Suit To Proceed

A federal judge is allowing environmentalists to proceed with potentially precedent-setting litigation alleging oil giant ExxonMobil violated federal water and waste law provisions because one of its terminals is not doing enough to prevent pollution releases caused by climate change impacts like rising sea levels and frequent severe storms.

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EPA Seeks Industry Data To Determine If Regions Changed RCRA Waiver

EPA has asked the specialty chemical industry to gather data that will help officials determine whether it has changed its interpretation of a hazardous waste exemption long used by the sector, following enforcement actions in Regions 1 and 5 that industry argues failed to understand the specifics of manufacturing small-batch chemicals.

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Judges See EPA Discretion Staving Off Suit On Dropped CERCLA Mine Rule

Appellate judges are signaling that environmentalists likely face a high bar challenging EPA's decision to abandon first-time Superfund financial assurance rules for the hardrock mining sector, citing the deference courts must give EPA generally in rulemaking decisions as well as under the cleanup law.

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D.C. Circuit Grants EPA’s Bid To Retain Ash Rule Revisions During Remand

A federal appeals court has granted EPA’s request to remand without vacatur its 2018 revisions to the Obama-era coal ash disposal rule, ensuring that the compliance deadline extensions and other provisions that were part of the changes will stay in place at least until the agency finishes a new “expedited” process to amend the rule.

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PFAS plaintiffs urge 3rd Circuit to reject Navy rehearing bid

Pennsylvania residents seeking Navy funding of medical monitoring due to exposure to perfluorinated chemicals are urging a federal appeals court to let stand a ruling that allowed their claims to proceed.

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Court poised to weigh EPA decision to drop mine cleanup rule

The suit tests a Trump EPA decision abandoning an Obama-era proposal that would have set financial assurance requirements for the mining sector.

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Groups Seek IG Scrutiny Of EPA Refusal Of NASA's Post-Harvey Monitoring

Environmental groups in Texas are planning to urge EPA’s Office of Inspector General (IG) to consider EPA and Texas state regulators’ refusal of a NASA pollution monitoring flight after Hurricane Harvey as part of the IG’s ongoing investigation of regulators’ handling of air quality monitoring data after the August 2017 storm.

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EPA Braces For Potential Litigation Over Massive Portland Harbor Cleanup

EPA Administrator Andrew Wheeler recently gave Oregon Gov. Kate Brown (D) assurances that the agency plans to press ahead on the $1 billion cleanup of the high-profile Portland Harbor Superfund site but cautioned it could face challenges after EPA recently weakened the cleanup plan to account for eased risk values for a chemical contaminant there.

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EPA releases 2016 study finding no need to address coal ash fills

EPA quietly posted its two-year-old assessment that existing regulatory authorities are enough to remedy any harms from structural fills using coal ash only under query from the Office of Inspector General.

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