Articles

6 former EPA bosses call for agency reset after election

Six former Environmental Protection Agency chiefs are calling for an agency reset after President Donald Trump’s regulation-chopping, industry-minded first term, backing a detailed plan by former EPA staffers that ranges from renouncing political influence in regulation to boosting climate-friendly electric vehicles.

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Thomas: EPA declares war against aftermarket defeat devices

Volkswagen’s recent emissions scandal triggered criminal and civil prosecution by the U.S. Environmental Protection Agency (EPA). In 2017, Volkswagen’s estimated cost resulting from the scandal was more than $30 billion, and that number is growing. In the wake of this scandal, the EPA has declared “war” on an entire subindustry — aftermarket parts — and anyone who manufactures, sells or installs devices that allow drivers to tamper with their vehicle emissions.

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In contamination case, 7th Circuit cleans up messy preclusion fight

Even though none of the businesses disagreed over who contaminated a manufacturing site, the question of who should pay for the cleanup became a fight over claim preclusion that ended with the 7th Circuit Court of Appeals offering instructions on how the lawsuit should have been defended.

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SCOTUS to determine when permits are necessary to pollute navigable waters

The US Supreme Court is reviewing a lower court ruling that seemingly expands the Clean Water Act. Under the 9th Circuit’s decision, any pollutant found in navigable water that is “fairly traceable” to a permittable discharge source is subject to permitting requirements, even if the source of the pollutant does not discharge directly into a navigable water.

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