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Appellate Judge Doubts CERCLA Waiver Case But Suit’s Outcome Unclear

One of three appellate judges hearing argument in litigation over the scope of exemptions from air emissions reporting under the Superfund law for facilities with Clean Air Act (CAA) permits appeared to doubt environmentalists’ claim that the emissions must be reported to the public, but the eventual outcome of the suit remains unclear.

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Bipartisan Group Pushes Biden For Quick PFAS Rules But Also Readies Bill

A bipartisan group of 132 House lawmakers is urging President Joe Biden to take immediate steps to regulate per- and polyfluoroalkyl substances (PFAS) while also readying legislation on a range of additional items, part of a three-part strategy to tackle PFAS through legislation, policy-making and public education.

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EPA Selects Environmental Justice Expert For Deputy Waste Office Role

EPA has selected Carlton Waterhouse, a Howard University law professor with extensive environmental justice credentials, to be the agency’s deputy assistant administrator for the Office of Land & Emergency Management (OLEM), sources say.

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EPA Plans To Seek Comprehensive BOSC Review Of PFAS Research Plan

EPA’s research office is planning to ask its external advisory panel later this year to review the agency’s research plan for addressing per- and polyfluoroalkyl substances (PFAS) in a variety of media, with the agency hopeful it will have some screening results by then to guide risk assessment as well as some data on PFAS destruction technologies.

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3rd Circuit Set To Hear Argument In CERCLA Reporting Waiver Case

The U.S. Court of Appeals for the 3rd Circuit is set to hear oral argument Jan. 29 in a case of first impression that seeks to upend a lower court’s decision providing a potentially precedent-setting exemption from Superfund reporting requirements where Clean Air Act (CAA) permits exist for a facility.

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California Equity Groups Oppose DTSC Official For EPA OLEM Director

More than two dozen California environmental justice (EJ) groups are urging Michael Regan, President Joe Biden’s nominee to be EPA administrator, to reject consideration of California toxics department official Grant Cope to lead EPA’s Office of Land and Management (OLEM), citing equity concerns.

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Groups oppose industry intervention in radioactive byproduct case

Environmentalists oppose an attempt by a fertilizer industry group to intervene in their legal challenge of EPA’s decision to allow the use of a radioactive fertilizer byproduct in federal road construction.

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10th Circuit Judges Probe Deadlines For Gold King Mine Spill Tort Claims

A three-judge panel of the U.S. Court of Appeals for the 10th Circuit at recent oral argument in tort litigation over the Gold King mine spill probed whether the court should apply statute of limitations established by the state where the spill originated or by the state where the case is proceeding in federal district court.

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EPA Pulls Five More Trump Policies From OMB Pre-Publication Review

EPA has withdrawn from White House Office of Management and Budget (OMB) review five more air and water policies developed by the Trump administration following Biden White House Chief of Staff Ron Klain’s announcement of a regulatory freeze in order to reconsider pending Trump EPA actions.

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D.C. Circuit assigns three-judge panel for EPA landfill air rule suit

The litigation is currently slated for oral argument Feb. 22 but the Biden administration might seek to have the case put on hold while it weighs potential changes to the contested regulation.

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