Environmental Trends Contributors

Topics discussed this week include:

• EPA proposes to reject Delaware and Maryland 126(b) petitions
• EPA declares intention to propose listing fluorochemicals as hazardous substances and to evaluate setting maximum contaminant levels
• EPA proposes to keep existing sulfur oxide primary-health NAAQS
• EPA solicits comment on regulatory cost/benefit decision-making process
• EPA sued over alleged delays in implementing federal pesticide rules

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Topics discussed this week include:

• FERC decision sets limits on how greenhouse gas emissions are to be reviewed.
• EPA sued over hardrock mining financial responsibility rule decision.
• OSHA to update hazard communication standard to reflect GHS changes.
• EPA to finalize regulation on the use of paint-stripping chemical methylene chloride.
• Court dismisses suit challenging constitutionality of the Congressional Review Act.
• Court finds that one Prop 65 warning is enough in case against winemakers.

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Topics discussed this week include:

• BLM appeals order blocking Waste Prevention Rule rescission.
• Supreme Court rejects pipeline, other environmental petitions.
• EPA proposes “secret science” rulemaking.
• States sue to vacate midterm evaluation.
• EPA issues six-month extension of time to respond to New York 126 Petition.

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Topics discussed this week include

• EPA will streamline processes for issuing and implementing NAAQS
• EPA guidance revives Significant Impact Levels for NSR permitting
• IRS issues guidance on tax deductions for environmental settlement payments
• White House announces One Federal Decision framework for NEPA process
• EPA will not enforce 2015 restrictions on production and use of HFCs and will rewrite HFC regulations

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Topics discussed this week include:

• EPA announces decision to revise GHG emission standards for light-duty vehicles.
• NGOs sue EPA for ending “once-in, always-in” MACT policy.
• EPA OECA Assistant Administrator issues memorandum requesting early notice of enforcement referrals to DOJ.
• EPA Administrator retains the authority for headquarters to make certain jurisdictional determinations under Clean Water Act.
• Coalition of states and cities sues EPA, alleging EPA must issue regulations governing methane emissions from existing oil and natural gas operations.

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Topics discussed this week include:

• Administrator Pruitt releases new source review guidance memo, clarifying when emissions decreases are to be considered in the review process.
• California federal judge orders remand to state court of climate-change-related state tort claims — creating split in district court.
• Congress’s omnibus spending bill preserves the EPA budget and addresses other environmental issues such as pesticide funding and biomass emissions.
• DC Circuit upholds Cross-State Air Pollution Rule as part of EPA’s regional haze rule.

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Topics discussed this week include:

• U.S. Court of Appeals sides with industry on definition of solid waste rule.
• Climate change nuisance suit to remain in federal court.
• Mandamus denied in climate change litigation.
• EPA proposes to allow aerosol can recycling.
• EPA dismisses civil rights claim against coal ash landfill.
• EPA finalizes selected changes to fugitive emission requirements for oil and natural gas sector.
• Bisphenol A has minimal health effects, FDA says.
• Court blocks Prop 65 labeling for glyphosate on free speech grounds.

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Topics discussed this week include:

• Waters of the United States challenges proceed in district courts.
• Court dismisses challenge to “two-for-one” executive order.
• BLM proposes significant revisions to gas venting and flaring rule.
• Court preliminarily enjoins BLM methane suspension rule.
• EPA seeks comment on Clean Water Act discharges via groundwater.
• Environmental groups challenge offshore general discharge permits.
• EPA looks to settle renewable fuel standards suit.
• Environmental groups challenge Louisiana regional haze plan.
• Court ruled that EPA unlawfully extended deadline for formaldehyde rule.
• White House legislative outline attempts to speed infrastructure construction.
• Supreme Court denies certiorari for five environmental cases.
• Colorado issues new rules for gathering lines.

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Topics discussed this week include:

• DOJ and EPA issue guidance documents with implications for environmental enforcement.
• EPA ends “once-in always-in” MACT policy.
• EPA delays applicability of WOTUS rule, prompting lawsuits.
• EPA issues proposed ROD Amendment for $236 million cleanup of West Lake Landfill Superfund Site.
• EPA releases FY 2017 enforcement results.
• Ninth Circuit holds that discharges through groundwater to waters of the United States are regulated under the Clean Water Act.
• White House infrastructure plan proposes major changes to NEPA permitting process for projects.

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Topics discussed this week include:

• U.S. Supreme Court sends “waters of the U.S.” case back to the federal district courts.
• “Critical habitat” dusky gopher frog case to be heard by U.S. Supreme Court.
• Florida coastal waters will continue to be analyzed for oil and gas leases.
• EPA announces it will revisit 2017 Regional Haze Rule.

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