Articles

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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Group seeks 2nd hearing on tainted East Chicago site’s cleanup

East Chicago community group is asking for a second public hearing on the proposed cleanup of the site of a public housing complex that was evacuated and demolished because of industrial contamination. The East Chicago Calumet Coalition Community Advisory Group says many residents didn’t get to speak at a Nov. 29 hearing about a $26.5 million project to remove tainted soil from the site of the West Calumet Housing Complex.

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Proposal to sunset Ohio River pollution standards yields flood of concern

Ohio River Valley Water Sanitation Commission members, including three from Indiana, are preparing to vote on a proposal that would sunset the organization’s pollution control standards. That proposal has yielded thousands of pages of public comments from proponents who say ORSANCO’s standards are redundant and, more significantly, from opponents who fear water quality in Indiana would suffer.

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Jury awards $289M to man who blames Roundup for cancer

A San Francisco jury’s $289 million award to a former school groundskeeper who said Monsanto’s Roundup left him dying of cancer will bolster thousands of pending cases and open the door for countless people who blame their suffering on the weed killer, the man’s lawyers said.

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