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Judges See EPA Discretion Staving Off Suit On Dropped CERCLA Mine Rule

March 13, 2019
Appellate judges are signaling that environmentalists likely face a high bar challenging EPA's decision to abandon first-time Superfund financial assurance rules for the hardrock mining sector, citing the deference courts must give EPA generally in rulemaking decisions as well as under the cleanup law. “[W]e live in the world of Chevron , for better or for worse,” Judge Thomas B. Griffith, of the U.S. Court of Appeals for the District of Columbia Circuit, said at the start of March 13...

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