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EPA enforcement chief David Uhlmann has formalized a new policy requiring coordination of civil and criminal enforcement, a measure that attorneys at Baker Botts say is “perhaps the most significant change in environmental enforcement since the passage of the basic environmental law decades ago.”

From Inside PFAS Policy

EPA has finalized a first-of-its-kind rule designating the two most studied PFAS as “hazardous substances” under the Superfund law -- a move that will boost regulators’ ability to order cleanups and recover costs for PFAS but is sure to draw aggressive challenges from industry parties who fear significant costs and slower cleanups.

The White House Council on Environmental Quality (CEQ) is poised to issue its final phase 2 National Environmental Policy Act (NEPA) implementing rule after the measure cleared interagency review, though the plan is drawing early industry criticism after Inside EPA reported that it retains controversial mitigation and climate mandates.

Citing conflict in Ukraine and the Middle East as justification, EPA has issued another “emergency” Clean Air Act waiver allowing summertime sales of 15 percent ethanol fuel (E15), enabling sales of the fuel to continue in the two-thirds of the country where they would otherwise be blocked by federal fuel regulations and judicial precedent.

The White House Council on Environmental Quality’s (CEQ) final phase 2 National Environmental Policy Act (NEPA) rule appears likely to retain several controversial proposed changes for how agencies implement the bedrock law, measures that will almost certainly drive litigation if the measure is issued in final form, according to a draft final version obtained by Inside EPA.

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