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88 FR 78747

EPA announced the availability of and seeks comment on a draft policy that updates the Agency’s 2003 Public Involvement Policy.

88 FR 78358

EPA announced a 60-day public comment period on the draft revision of the Technical Guidance for Assessing Environmental Justice in Regulatory Analysis.

88 FR 77941

EPA announced the availability of new information and data pertaining to the Agency’s May 18, 2023, proposed rulemaking on the Disposal of Coal Combustion Residuals (CCR) From Electric Utilities; Legacy CCR Surface Impoundments. 

88 FR 78063

United States v. ACF Industries LLC, No. 3:23-cv-1603 (D. Or. Nov. 1, 2023). Under two proposed consent decrees, settling CERCLA, CWA, and OPA defendants whose facilities along the Willamette River released hazardous substances must pay cash and/or purchase restoration credits in one or more restoration projects approved by the Natural Resource Trustees to create habitat for injured natural resources, and make payments for the public’s lost recreational use of the river, for monitoring of culturally significant plants and animals, and for reimbursement of the Natural Resource Trustees’ costs. 

88 FR 77004

EPA revised regulations addressing preemption of state and local regulation of locomotives and engines used in locomotives. 

88 FR 75281

EPA proposed to enter into an administrative settlement agreement under CERCLA with Cone Mills Acquisition Group, LLC, concerning remedial action/remedial design to be performed at the U.S. Finishing, LLC and Cone Mills Corporation Superfund Site. 

88 FR 75283

EPA proposed to enter into individual settlements with three parties concerning recovery of CERCLA costs for cleanup that was performed at the Bennett Landfill Fire Site located in Chester, South Carolina. 

Using Objective Characteristics to Target Household Recycling Policies

Using the most comprehensive data set on U.S. household recycling behavior, this Comment quantifies the relative impact on recycling of characteristics associated with recycling in different populations, under different governmental rules, and having different facilitating resources and amenities.

Fighting Methane Emissions With the False Claims Act

This Comment argues that the False Claims Act (FCA) can now be used to enforce the Inflation Reduction Act's waste emissions charge and its royalties on vented and flared gas. It first explains why, unlike with other environmental violations, dodging either of these fees can trigger FCA liability. It then examines how two possible groups of plaintiffs—industry employees and outside observers—might discover unreported methane emissions and use the FCA against companies that dodge each of the IRA’s methane fees.

88 FR 74179

EPA entered into an administrative settlement agreement under which settling parties will transfer certain mining claims to the purchaser, which will in turn support the purchaser’s efforts to preserve the important historical structures on these mining claims at the Nelson Tunnel/Commodore Waste Rock Superfund Site in Mineral County, Colorado.