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EPA sets deadline for resolving cleanup dispute with DOE

EPA’s deadline for DOE to submit supplemental materials marks a change for the agency, which in April extended indefinitely the deadline for Administrator Andrew Wheeler to resolve the fight.

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As Congress Eyes AFFF Ban For DOD, Industry Concern Grows Over PFAS Liability

As Congress weighs barring the Defense Department (DOD) from procuring aqueous firefighting foam (AFFF) containing per- and polyfluoroalkyl substances (PFAS) due to contamination concerns, parties at large industrial and mining sites that may also have used the foam are growing increasingly concerned about their potential cleanup liability.

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Rejecting U.S., High Court To Weigh Superfund’s Bar On Cleanup Suits

The Supreme Court has agreed to review a case that could test whether the Superfund law’s bar on judicial review of ongoing cleanup remedies extends to state damages claims, adding the case to its docket despite the Trump administration’s call that the suit is not ripe for consideration and review should be denied.

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States Step Up Push To Test For PFAS At Waste Sites, Worrying Industry

Officials in New York and New Jersey, two states with a large number of Superfund and other waste sites, are stepping up their efforts to test for per- and polyfluoroalkyl substances (PFAS) and other emerging contaminants at the sites, raising industry fears over potential liability, lagging analytical abilities and unclear remediation requirements.

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Clash Over New Jersey’s PFAS Levels Previews Responses To EPA

In a potential preview of what EPA and other regulators can expect to see on any plans to regulate per- and polyfluoroalkyl substances (PFAS), industry and environmentalists are clashing over New Jersey’s landmark plans to set drinking water and other standards for the contaminants and what science should be used to do so.

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Advisors Face Challenging Schedule Reviewing Range Of EPA Policies

EPA’s Science Advisory Board (SAB) is planning to review a broad range of Trump administration deregulatory policies in a relatively quick fashion in order to provide advice on the agency’s regulatory timeline, efforts that SAB Chairman Michael Honeycutt acknowledges will be difficult but adds that the board has voted to undertake.

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Missouri withdraws coal ash rules after EPA critique

Missouri faced public criticism from EPA for a draft ash permitting rule that the agency said gave industry too much room to avoid monitoring and cleanup mandates.

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Gold King Plaintiffs Win Broad Discovery After EPA Fails To Dismiss Suits

State, tribal and individual plaintiffs suing EPA over the 2015 Gold King wastewater spill have won their bid for broad fact-finding into the failed cleanup that released over 3 million gallons of contaminated wastewater from the site after a special court master rejected the agency’s argument for a more limited process that could have quickly ended the suit.

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Transmission Line Vacatur Highlights Big Risks For Trump NEPA Strategy

An appellate court’s recent decision to preserve its vacatur of a permit for a major transmission line, and instead order a lower court to determine if it can remand the permit without vacating it, is highlighting risks for the Trump administration’s strategy of swiftly advancing major projects amid ongoing litigation over their environmental reviews.

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DOE’s new nuclear ‘waste’ interpretation sparks legal threats

Washington state Gov. Jay Inslee (D) says he and Attorney General Bob Ferguson (D) “will consider all options to stop this reckless and dangerous action.”

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