Industry Seeks Broader Fight In Push To Stay Tougher Coke Ovens Air Rule

Steel and other heavy manufacturers are pressing for a stay of EPA’s rule tightening air toxics standards for coke ovens, citing EPA’s “unreasonable” interpretation of Clean Air Act technology review language and judicial precedent that they say will also impact similar rules for other sectors. In motions filed recently in American Coke and Coal Chemicals Institute (ACCCI), et al. v. EPA, et al , industry groups are asking the U.S. Court of Appeals for the District of Columbia Circuit to...

NACWA Talks PFAS Issues; Michigan High Court Weighs Water Standards

PFAS are among the pressing legal issues the National Association of Clean Water Agencies (NACWA) will discuss at an annual law and enforcement seminar. The Michigan Supreme Court will hear oral argument in the state environment department’s appeal of a lower court ruling that invalidated the state’s drinking water standards for seven PFAS. Clean Water Act NACWA, which represents publicly owned wastewater and stormwater utilities, is holding its annual Clean Water Law & Enforcement Seminar Nov. 13-15 in Tucson, AZ...

Inside PFAS Policy - 11/08/2024

Fri, 2024-11-08 11:01

Ex-Official Expects Trump EPA Enforcement To Focus on ‘Basic Principles’

A former top Trump administration official says he expects the incoming administration to return to “basic” enforcement principles like clean air, clean water, and clean land -- abandoning the Biden administration’s focus on climate and environmental justice (EJ). “I think in the next Trump administration, you’ll see a return to some of the basic principles that motivated that administration in the environmental space,” Jeff Wood, who served as acting assistant attorney general for the Department of Justice’s (DOJ) Environment &...

Michigan Suit Highlights States’ Continued Push On PFAS As Trump Returns

Michigan officials are suing a local paper company for alleged repeat violations of various state discharge standards for its PFAS and other releases, underscoring how states will continue to lead on PFAS issues even if the incoming Trump administration rolls back Biden EPA efforts as many expect. “States who have been aggressive on PFAS even without a Biden EPA backing them will continue to be just that, causing companies headaches if they are brought into enforcement actions and in navigating...

D.C. Circuit extends abeyance in GNP plans case

The U.S. Court of Appeals for the District of Columbia Circuit has extended abeyance indefinitely in litigation brought by Utah, Oklahoma and industry groups against EPA’s denial of state implementation plans (SIPs) for interstate ozone, pending a Supreme Court ruling on whether the cases should be heard in the D.C. Circuit, or regional courts. In a Nov. 6 order , the court says that litigation be held in abeyance pending decisions by the Supreme Court in Oklahoma v. EPA...

Advocates Say Clean Energy Will Survive Trump, But Ramp Up IRA Defense

Environmentalists are asserting that the incoming Trump administration cannot stop clean energy deployment given market trends and its growing political constituency, but they are acknowledging the need to defend the Inflation Reduction Act’s (IRA) clean energy incentives against efforts by Trump and many Republicans to trim or repeal them. The advocates also argue Republicans who follow through with pledges to attack the IRA will face public blowback and splits within the party, given the law’s investments happening mostly in GOP...

California AG Vows Fight With Trump Over Climate, Environmental Rules

California Attorney General Rob Bonta (D) is vowing to fight President-elect Donald Trump’s expected attacks on the Golden State’s landmark climate and environmental regulations and rollbacks of Biden-era rules, while Gov. Gavin Newsom (D) has called a special legislative session to pay for Bonta’s legal actions. “We know to take Trump at his word when he says he’ll roll back environmental protections . . . which means we won’t be flat-footed come January,” Bonta said during a Nov. 7 press...

Industry Says EPA Ignored OSHA’s Role, Constitution In TSCA Solvent Rule

Three industry groups are seeking to bolster allegations from the chemical sector that EPA’s TSCA rule for the solvent methylene chloride is unlawful, arguing that the agency’s claim of broad discretion to limit or ban chemical uses in order to protect workers is at odds with the Constitution and ignores Congress’s intended role for OSHA. The National Association of Manufacturers (NAM), National Federation of Independent Business (NFIB) and U.S. Chamber of Commerce filed two proposed amicus briefs Oct. 30...

Environmentalists Push Biden On Aggressive ‘Lame Duck’ Climate Steps

Environmentalists are pushing the Biden administration to take a series of actions in its final months to advance climate policy before the incoming Trump administration takes office in late January, including adopting key EPA rules and other policies, curbing gas exports, speeding disbursement of clean energy funds and other steps. “It is time for the lame duck Biden administration to take as many protective actions as it can, and to clear away as many tools as possible that the Trump...

EPA Floats Standing Information Request For PFAS Test Orders Under TSCA

EPA is seeking public comment on a new information collection request (ICR) that would govern its orders for industry to study various PFAS under the agency’s class-wide TSCA testing program, signaling an intent to continue the initiative despite concerns the incoming Trump administration may drop or limit current PFAS policies. EPA announced the draft ICR in a Nov. 7 Federal Register notice that says the request will generally cover orders crafted as part of its “National Testing Strategy” for...

Environmentalists Push Biden On Aggressive ‘Lame Duck’ Climate Steps

Environmentalists are pushing the Biden administration to take a series of actions in its final months to advance climate policy before the incoming Trump administration takes office in late January, including adopting key EPA rules and other policies, curbing gas exports, speeding disbursement of clean energy funds and other steps. “It is time for the lame duck Biden administration to take as many protective actions as it can, and to clear away as many tools as possible that the Trump...

California Passes Climate Bond; Washington Rejects Cap & Trade Repeal

In two high-profile state voter initiatives on the Nov. 5 ballots, California voters endorsed a $10 billion bond to pay for a range of climate resilience and safe drinking water programs, while Washington state voters rejected a measure that would have repealed the state’s greenhouse gas cap-and-trade program. “We’re thrilled that California voters passed Prop 4 by a 58-42 margin. For years, Californians have been urging our elected officials to do more to prepare for the climate crisis,” said Baani...

Judge Blocks Industry Bid To Ease TSCA Formaldehyde Settlement Deadline

A federal district judge has rejected a chemical manufacturer’s request to intervene in litigation setting deadlines for EPA to complete 20 overdue TSCA risk evaluations, ending the firm’s bid to block an imminent settlement that would require its final formaldehyde review by the end of December -- a timeline that industry has warned will improperly tie the incoming Trump administration to a flawed review. In an Oct. 7 order , Judge Dabney Friedrich of the U.S. District Court for the...

EPA Staffers Say Mood At Agency ‘Bad,’ ‘Somber,’ ‘Muted’ After Trump Victory

EPA staffers find themselves reeling after President-elect Donald Trump’s Nov. 5 election victory, describing the mood at the agency as “bad,” “somber” and “muted.” Work continues to close out the Biden administration’s agenda while “preparing mentally for when the transition team invades, I mean, comes on board,” one headquarters source says. “People are worried about possible” layoffs, along with “an end to liberal telework policies -- especially those who moved far away. We hired a lot of new people in...

Inside Cal/EPA - 11/08/2024

Thu, 2024-11-07 13:09

DOJ Asks Court To Dismiss Suit Over Hunters Point Superfund Cleanup

The Department of Justice (DOJ), on behalf of the Navy and EPA, is asking a federal court to dismiss a lawsuit filed by an environmental justice (EJ) group over the troubled cleanup of radiological and other contamination at the former Hunters Point Naval Shipyard (HPNS) site in San Francisco, arguing the claims are either unripe, barred or moot. “The challenges to remedial actions -- pleaded as violations of nondiscretionary duties under [the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)],...

Host Of EPA Measures Face Likely Rollback From Incoming Trump Officials

The Biden administration’s ambitious regulatory agenda at EPA faces likely rollback or repeal from the incoming Trump administration and its allies on Capitol Hill, starting with an almost certain post-inauguration freeze on recently finalized rules and other policies, as well pending risk assessments, guidance documents and more. President-elect Donald Trump and his allies have been clear throughout the election that they would seek to repeal, replace or otherwise narrow a host of EPA and other agency rules. The Heritage Foundation’s...

Trump EPA Likely To Slow Critical PFAS Actions, Environmentalists Say

The incoming Trump administration will likely slow EPA’s actions on PFAS and have a devastating impact on future policymaking as officials may repeal the Biden administration’s landmark drinking water and Superfund rules while also stymieing critical PFAS risk assessment efforts, says a former official with EPA’s water and waste offices. Donald Trump’s reelection to the presidency is “going to slow progress on PFAS to an absolute crawl, if it doesn't stop it altogether,” says Betsy Southerland, who held key positions...

Trump EPA Likely To Slow Critical PFAS Actions, Environmentalists Say

The incoming Trump administration will likely slow EPA’s actions on PFAS and have a devastating impact on future policymaking as officials may repeal the Biden administration’s landmark drinking water and Superfund rules while also stymieing critical PFAS risk assessment efforts, says a former official with EPA’s water and waste offices. Donald Trump’s reelection to the presidency is “going to slow progress on PFAS to an absolute crawl, if it doesn't stop it altogether,” says Betsy Southerland, who held key positions...

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