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Waste

High Court’s CERCLA Ruling Adds Uncertainty To Cleanups, Lawyers Warn

The high court’s ruling giving state courts jurisdiction to hear contamination damages claims but preserving EPA authority to decide on any additional Superfund remedy may add uncertainty to the finality of cleanup decisions, creating openings for landowners seeking remedy revisions provided they obtain EPA’s approval, say attorneys.

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In Third Defeat, D.C. Circuit Remands EPA Advisor Policy, Bolstering Critics

EPA’s policy barring agency grant recipients from serving on its advisory boards suffered its third court loss in the past few weeks, with a federal appellate court in Washington, D.C., remanding environmentalists’ suit after finding the district court inappropriately dismissed claims that the policy violated the Administrative Procedure Act (APA).

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EPA Refusal To Stall Coal Ash Rule Amid Pandemic Draws Legal Threats

Environmentalists and Democratic states are outlining broad legal arguments against EPA’s latest proposal to loosen Resource Conservation & Recovery Act (RCRA) coal ash disposal standards, arguing that the revisions are unlawful and that the ongoing pandemic makes a meaningful public comment process all but impossible.

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EPA asks 9th Circuit to preserve landfill methane rule extensions

The appeal centers on whether EPA’s August rule extending deadlines in Obama-era landfill methane standards moots a prior court order requiring the agency to complete a federal compliance plan.

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Justices Back State Law Damages Claims But Preserve EPA’s CERCLA Role

A divided Supreme Court has held that the federal Superfund law does not preempt state courts from overseeing damages and other claims made under state tort law though the justices preserved EPA’s ultimate cleanup authority by finding landowners seeking a more extensive cleanup remedy through tort claims must first obtain agency approval.

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EPA delays comments for chemical sector financial assurance waiver

The 15-day extension is less than the 60 days environmentalists had requested.

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Judge Backs EPA Ash Permit Reviews But Partially Vacates State Program

A federal district judge has upheld EPA’s process for reviewing states’ coal ash permitting programs and rejected environmentalists’ claims that the policy violates the Resource Conservation & Recovery Act (RCRA), but has also partially vacated the first state permitting rule that the agency approved under the process.

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Environmentalists Detail Legal Attacks On EPA’s Coal Ash Permit Plan

Environmentalists are detailing legal attacks on EPA’s proposed nationwide Resource Conservation & Recovery Act (RCRA) permit program for coal ash disposal, faulting the agency’s plan for “lifetime” permits that never expire, its use of general permits, and limited public outreach on proposed limits.

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CalEPA Plans To ‘Fill’ EPA Enforcement Gaps, Offers ‘Limited’ Industry Relief

California environmental officials say they will “fill any enforcement gaps left by U.S. EPA’s decision to reduce environmental oversight” during the COVID-19 emergency, while offering more-limited compliance and enforcement relief to industries than what the federal agency has offered.

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Rejecting EPA Remedy, Federal Judge Vacates EPA’s Science Advisor Policy

A federal judge has vacated and remanded the key portion of the Trump EPA’s 2017 policy barring scientists receiving agency research grants from serving on its advisory panels, likely forcing the agency to drop the use of the controversial limitation as it works to fill upcoming vacancies on at least two key advisory panels.

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