Another Study Finds Popular Cereals and Snack Products Contain Traces of Glyphosate

The Environmental Working Group (EWG) – a consumer products testing and environmental advocacy organization – recently commissioned a new round of laboratory tests that it claims detected traces of glyphosate in various popular cereals and snack food. Glyphosate purportedly was in these foods because it is used in herbicides applied to various source crops, such as grains and corn. In total, 21 oat-based food products were tested and all but four contained trace levels of glyphosate. The highest levels of
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WOTUS Woes – Federal Judge Remands Obama-Era CWA Rule

Last week, a federal district judge in Texas remanded the Obama-era Waters of the United States rule to the EPA and U.S. Army Corps of Engineers (US ACE), citing the agencies’ failure to use proper procedure when publishing the rule. ​The 2015 rule, generally referred to as WOTUS, allowed for a drastic increase to the reach of the Clean Water Act (CWA), in part, by defining “waters of the United States” to include waters adjacent to waters that had traditionally been considered covered by the CWA.
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New Analysis of Public Data Highlights Emerging Contaminant Prevalence in New York

Just this week, the New York Public Interest Research Group released a report that analyzes an array of public federal data pertaining to unregulated emerging contaminants and their prevalence in New York State. The report is noteworthy for its study of more than 20 different emerging contaminants impacting the state. The report, titled “What’s in My Water?”, clearly notes that the mere existence of emerging contaminants does not necessarily mean that the public’s health is at risk. However, the report
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Oh, Nuts… California to Enact Ban on Use of Chlorpyrifos

Earlier this month, California state officials announced plans to ban chlorpyrifos, a widely used farm pesticide on crops such as oranges, grapes, and almonds. Chlorpyrifos is still approved for those uses by the EPA. The current EPA administration has been defending the chemical against court challenges after the Obama administration took steps to prohibit its use. In April, chlorpyrifos was formally listed by the California Environmental Protection Agency (CalEPA) as a “toxic air contaminant,” which California law defines as “an
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Pincer Move? State AGs Employ Two-Pronged Attack on U.S. EPA Over Landfill Emissions

A multistate coalition of Attorneys General, including California, Illinois, Maryland, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, and Vermont; and the California Air Resources Board, joined to file comments demanding that the U.S. Environmental Protection Agency (EPA) withdraw its proposed rule delaying by four years implementation of a regulation that would reduce emissions from landfills. The regulation at issue, known formally as the 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfill, was designed to reduce landfill emissions
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Environmental Groups Urge Illinois State Legislature to Take Action Regarding Coal Ash Ponds

A report, authored by the Environmental Integrity Project, Earth justice, Prairie Rivers Network, and the Sierra Club, found that groundwater near 90 percent of reporting Illinois coal ash sites contain toxic pollutants like arsenic, cobalt, and lithium. The report’s results are based on data sets made public for the first time earlier this year as part of new federal regulations of coal ash, a toxic byproduct of coal-fired power generation that is commonly stored in unlined ponds or landfills near
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Tall Drink of Wastewater: EPA Considers Permitting Wastewater Disposal Into Texas Rivers and Streams

For every barrel of oil drilled in Texas, four-to-five barrels of wastewater are produced. The abundance of untreated water has led the EPA to consider whether to permit oil drillers in Texas to discharge wastewater directly into local rivers and streams, avoiding the complicated and costly process of trucking the water to underground wells that may be many miles away. If put into effect, this plan would alter established federal clean water regulations that have been in place for decades.
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The Art of the Deal? New EPA Administrator shaves $30 million from clean-up costs for nuclear waste near underground landfill fire in suburban St. Louis.

The U.S. Environmental Protection Agency has announced its final plan for the West Lake Landfill in suburban St. Louis. As we’ve previously reported, West Lake Landfill is the site of illegally dumped nuclear waste that is buried near a long-smoldering underground fire. Approximately a decade ago, the EPA announced a cap-and-monitor proposal for the site. However, that plan was met with such resistance that it was withdrawn and a new proposal was announced earlier this year. That plan, with an
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Ninth Circuit Bans Use of Pesticide Chlorpyrifos in Agriculture

On August 9, 2018, the Ninth Circuit ordered that the EPA ban a widely used pesticide called chlorpyrifos within 60 days. The court found that EPA had failed to determine that chlorpyrifos was safe.  The decision marked the end – albeit perhaps only temporarily – to a decade-long battle between the pesticide and agriculture industry on one side and environmental and public health groups on the other. By way of background, EPA, under the Federal Food, Drug, and Cosmetic Act
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Pain in the Ash: Part II- The Reckoning

The Environmental Law Monitor reported earlier this year on battles between environmental activists and power plants over the controversial storage of toxic coal ash waste near waterways and in landfills. The battle rages on this week after the EPA finalized a rule on July 17, 2018 that reduces Obama-era requirements for handling and storing the dangerous waste, thrilling the coal industry and evoking anxiety from activists. Acting EPA Administrator Andrew Wheeler enacted a new standard for storing coal ash at
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