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DOJ Weighs ‘Broader’ SEP Limits As New Policy Forces Renegotiations

A top Justice Department (DOJ) official is considering additional “broader” limits on the use of popular supplemental environmental projects (SEPs) as a way to mitigate penalties in enforcement settlements after DOJ last month curbed their use in municipal settlements, forcing renegotiation of some pending deals and likely curbing future settlements that would implement EPA’s upcoming lead and copper drinking water rule.

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EPA Gold King mine spill suits might see three-part trial starting in 2021

Litigation over the 2015 Gold King spill is not expected to go to trial until the summer of 2021 under a new plan that would split its ‘complex’ proceedings into three parts.

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OMB completes review of proposed DOE mercury storage fees rule

The Energy Department’s proposed elemental mercury storage fees rule is part of a program to designate a facility for long-term storage of the substance under a 2008 law banning the export of mercury.

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EPA awards $6 million to research PFAS in waste streams

Many of the projects EPA is funding focus on per- and polyfluoroalkyl substances in landfills.

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Critics Blast EPA ‘Crusade’ To Stall Obama-Era Landfill Methane Rule

States and environmentalists challenging the Trump EPA’s effort to slow implementation of an Obama-era landfill methane rule are blasting the agency’s long-running “crusade” against the policy and calling EPA’s request for a court to drop a looming deadline to issue a federal compliance plan just the most recent delay tactic.

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DOD Stresses Government-Wide Approach In PFAS Task Force Principles

The Defense Department (DOD) is outlining in just-released operating principles the scope and purpose of its high-level task force on per- and polyfluoroalkyl substances (PFAS), making clear that it wants to take a “whole of government approach” in collaboration with EPA to respond to the pollutants believed to be at hundreds of military sites.

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Air Force Says CERCLA Bars New Mexico’s RCRA Suit Over PFAS At Base

Citing a series of provisions in the Superfund law, the Air Force is seeking to dismiss New Mexico’s suit aimed at winning a more rigorous response to its per- and polyfluoroalkyl substances (PFAS) pollution, an effort that highlights the hurdles states face getting federal agencies to clean up their contamination.

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California Policymakers Fail To Secure Deals On Key Environmental Bills

California lawmakers wrapped up their 2019 legislative session Sept. 13 but without securing the environmental deals many were seeking, with Gov. Gavin Newsom (D) pledging to veto a bill locking in Obama-era standards and the legislature failing to vote on another bill setting landmark plastic recycling standards.

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D.C. Circuit issues mandate in CERCLA financial rule case

Issuance of the mandate signals that environmentalists will not ask the court to reconsider its ruling allowing EPA to decline issuance of first-time Superfund financial assurance rules for the mining sector.

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Justices Slate Arguments In Suit On CERCLA Pre-Enforcement Review Bar

The Supreme Court is slated to hear arguments later this year in a landmark suit over the reach of the Superfund law’s bar on pre-enforcement judicial review, a case in which the Trump administration is backing an oil company’s effort to overturn a landmark Montana high court ruling that found the bar does not extend to state damages claims.

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