In PFAS Suit, DOD Defends NEPA Categorical Exclusion For Incineration

The Defense Department (DOD) is defending its decision to use a categorical exclusion from environmental review requirements for a contract to dispose of per- and polyfluoroalkyl substances (PFAS) through incineration, disputing environmentalists’ lawsuit citing extra-record material and trying to apply defense law limits on such burning. In recent court filings in the case, DOD’s Defense Logistics Agency (DLA) contends environmentalists are seeking to circumvent the department’s policies issued under National Environmental Policy Act (NEPA) guidance and to retroactively apply incineration...