DC Circ. Backs EPA On Ditching Hardrock Mining Rule

By Keith Goldberg (July 19, 2019, 5:39 PM EDT) -- The D.C. Circuit on Friday upheld the Trump administration's move to kill an Obama-era proposal that would have required hardrock mining facilities to prove they can pay for cleanup efforts, rejecting arguments by environmental groups that the decision flouted the Comprehensive Environmental Response, Compensation and Liability Act.

The appeals court said the EPA's 2018 decision to drop the proposed rule that would have implemented financial assurance requirements for the hardrock mining industry was a reasonable interpretation of its CERCLA authority. Green groups had claimed the EPA misinterpreted CERCLA's purpose as being only to avoid the risk of taxpayer-funded cleanups, as opposed...

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