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Waste

EPA Faces Push-Back Citing Tort Ruling As Defense In Gold King Spill Suit

New Mexico and tribal governments suing EPA over its role in the 2015 Gold King Mine wastewater spill are fighting the agency's invocation of an appellate ruling finding narrow federal liability for harms committed in the course of a Superfund cleanup, arguing in a new filing that the Gold King spill “is nothing like” that case.

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GOP lawmakers offer 'Good Samaritan' mine cleanup bill

The bill's introduction appears to be a sign that the sponsors plan to press the issue in the next Congress, when Democrats will control the House.

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NAS backs alternatives to munitions OB/OD

EPA and state regulators have not adopted policies signaling a preference for such alternative technologies.

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States Fear EPA Mine Cleanup Rule Could Preempt Billions In Assurances

More than a dozen states are opposing environmentalists' lawsuit that seeks to compel EPA to reverse course and set Superfund financial requirements for the hardrock mining sector, with state officials warning that an EPA rule would preempt state mandates and prompt a flood of lawsuits threatening billions of dollars in cleanup assurances that states hold.

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11th Circuit Ruling Bolsters EPA's Defense Against Superfund Tort Claims

A new appellate court ruling that says EPA-led Superfund cleanup actions are “discretionary” and exempt from the Federal Tort Claims Act (FTCA) could bolster the agency's defense against suits that seek restitution for damage caused by cleanups, including ongoing litigation over the 2015 Gold King Mine spill caused by an EPA cleanup.

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EAB urged to uphold carbon regeneration permit

EPA and a Colorado River tribal government are defending a Resource Conservation & Recovery Act permit for carbon regeneration against a facility’s complex legal challenge.

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Environmentalists press EPA to require additional Hudson cleanup

“The only reasonable conclusion is that the dredged areas have been recontaminated by PCB-laden sediment from non-dredged areas located nearby,” a consultant for two local environmental groups say.

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TVA Urges 6th Circuit To Let Stand Rejection Of CWA Groundwater Case

The Tennessee Valley Authority (TVA) is calling on the U.S. Court of Appeals for the 6th Circuit to deny environmentalists' bid for rehearing of a divided panel’s holding that TVA cannot face Clean Water Act (CWA) liability for groundwater leaks from its coal ash storage, arguing the decision did not break with precedent or create a circuit split.

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Supreme Court Seeks White House's Views On CWA Groundwater Lawsuits

The Supreme Court is giving the Trump administration just one month to weigh in on whether the Clean Water Act (CWA) limits pollution that travels through groundwater to protected surface waters, potentially posing a difficult test for EPA as the agency is in the early stages of crafting a rule or guidance to address the same question.

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States, industry clash over EPA plan to delay landfill GHG rule

The agency's proposal would give states three years -- until August 2019 -- to submit a compliance plan for the 2016 methane standards for existing facilities, while also extending EPA's deadlines to review plans.

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