Judges with the U.S. Court of Appeals for the 9th Circuit suggested during May 2 oral argument it would be difficult to find in favor of insurers in a pollution insurance case without conflicting with a 2013 decision by the same court that found insurance companies' "duty to defend" a policyholder was triggered when the policyholder received an informational request letter from EPA about a contaminated site.
EPA Region 1 Administrator Curt Spalding is outlining goals for the remainder of the Obama administration that include prioritizing waste site cleanups; improving water quality in New England; and boosting enforcement using existing Clean Air Act authority to prevent accidental chemical releases from industrial facilities.
Environmentalists are faulting an EPA assessment finding the world's most commonly-used herbicide is not likely to cause human cancers, arguing the agency relied on industry studies and unrealistic assumptions, and also appears to lack confidence in its own review, given that EPA posted the document to a public site and then withdrew it days later.
EPA is urging a federal district judge to dismiss without trial a long-pending coal sector suit that aims to force the agency to review the employment impacts of its air and climate rules, arguing that the case should be thrown out because the coal companies lack legal standing to sue and existing EPA studies provide the review they seek.
EPA will respond this week to petitions urging the Supreme Court to review an appellate decision that left the agency's utility maximum achievable control technology (MACT) air rule in place while EPA crafted a cost assessment of the rule.
Environmentalists are giving a mixed reaction to EPA's proposed regional haze air rule revisions, which could clarify certain provisions but also delay some state planning deadlines.
The White House Office of Management & Budget (OMB) has deferred to EPA in a high-level dispute between EPA and the Army over what cleanup standards to apply to perchlorate in groundwater at a Texas site and the extent of EPA's authority to assess stipulated penalties against the military for insufficient documents under an agreement governing the site's cleanup.
As they debate how to comply with EPA’s power plant greenhouse gas rule, officials with the nine-state Regional Greenhouse Gas Initiative (RGGI) are grappling with whether and how to use the program to drive a broader national trading market or whether to keep the program regionally focused.
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