News & Analysis as of

Contaminated Properties Environmental Protection Agency

EPA Task Force Report to Revitalize the Superfund Program

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Businesses and industries across the country which own or have interests in facilities and properties that may come under the broad scope of these new Superfund “Recommendations” will need to stay attuned...more

EPA Task Force Issues Recommendations to Reform Superfund Program

by Morgan Lewis on

The proposed reforms seek to accelerate cleanup and reuse of sites to reduce risks, reduce costs, and hasten redevelopment....more

EPA Issues Recommendations to Streamline Superfund Cleanup Process and Promote Site Reuse

by White & Case LLP on

On July 25, 2017, the United States Environmental Protection Agency ("EPA") Superfund Task Force (the "Task Force") released a report that aims to improve the federal Superfund contaminated site cleanup program. The policies...more

EPA's Superfund Task Force recommendations: takeaways for those involved in cleanup

by DLA Piper on

EPA's Superfund Task Force has completed a review of the 1,300 Superfund sites across the country and, as directed by EPA Administrator E. Scott Pruitt, made recommendations on how to improve and restructure the cleanup...more

In Task Force Report, the EPA Provides a Glimpse Into the Future of Superfund

by Faegre Baker Daniels on

On May 22, 2017, Environmental Protection Agency (EPA) Administrator Scott Pruitt announced the formation of the Superfund Task Force. During his short time at EPA, Administrator Pruitt has emphasized the need to “streamline...more

EPA Administrator Makes Streamlining Superfund a Priority

by Williams Mullen on

EPA Administrator Scott Pruitt believes that “Superfund cleanups take too long to start and too long to complete.” That’s the impetus behind a May 22, 2017 internal memo he issued regarding EPA’s Superfund program. ...more

Superfund Changes Afoot

Since taking over as EPA Administrator, Scott Pruitt has made it clear that he intends to focus on—and overhaul—the Superfund program. Calling the program “at the center of the Agency’s core mission”, Pruitt has put in place...more

Cleaning Up the Cleanup Process? Administration’s Power Shift Increases Uncertainty to Superfund

In May, the Environmental Protection Agency (EPA) took several steps that are likely to refocus the Agency’s attention from greenhouse gas emission reductions and other novel uses of existing environmental laws to more...more

A New Budget, a New EPA Administrator, and New Uncertainty for Superfund Cleanups

by Miles & Stockbridge P.C. on

When Scott Pruitt took over the post as Administrator of the United States Environmental Protection Agency (EPA), he made it clear that one of his top priorities was to expedite cleanups at contaminated sites across the...more

Superfund Reform, Part 2: Giving Credit Where Credit Is Due

Last week, I offered less than fulsome praise of EPA Administrator Pruitt’s announcement that he was taking control of remedial decision for big Superfund sites. Now, he’s followed up with a memorandum announcing...more

EPA Centralizes CERCLA Remedy Selection Authority

by WilmerHale on

Environmental Protection Agency (EPA) Administrator Scott Pruitt last week issued a memorandum revising the existing delegations of authority related to implementation of the Comprehensive Environmental Response,...more

EPA Issues New Contaminated Sediments Guidance

by Williams Mullen on

Earlier this year, EPA released revised guidance for remediation of contaminated sediments at sites being addressed by EPA under CERCLA (the “New Sediment Guidance”). The guidance identifies six key clarifications to EPA...more

How to Effectively Manage Vapor Intrusion Risks When Acquiring and Developing Property

With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more

EPA Issues Guidance for Characterization and Remediation of Contaminated Sediment Sites Under CERCLA

by Beveridge & Diamond PC on

In a Directive sent to Regional Administrators on January 9, 2017, the U.S. Environmental Protection Agency (“EPA”) Office of Land and Emergency Management has identified eleven recommendations intended to facilitate the...more

Environmental Notes - December 2016

by Williams Mullen on

The Virginia Department of Environmental Quality (“DEQ”) has clarified its approach to issuing “no further action” letters (“NFAs”) for sites with both petroleum and non-petroleum contamination. This clarified approach will...more

GAO Audits EPA’s Management of Superfund Sites

by Miles & Stockbridge P.C. on

In May 2015, U.S. Senators Rounds and Inhofe of the Committee on Environment and Public Works submitted a request to U.S. Government Accountability Office (“GAO”) to “review EPA’s efforts to clean up sites with contaminated...more

EPA Eases Path to Superfund Listing: Vapor Intrusion Component Added to the Hazardous Ranking System

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the EPA adding the consideration of vapor intrusion in its Superfund site investigations, hundreds of sites that previously would not rank high enough to qualify for listing on the National Priorities...more

Wait, How Many Trucks? Ash Pond Closure by Removal

by Balch & Bingham LLP on

Utilities around the country have developed preliminary closure plans for surface impoundments storing coal ash, gypsum, and other coal combustion residuals (CCR). Some ash ponds are already in the process of closing. To...more

Ninth Circuit Rejects CERCLA Liability for Air Emissions

by Morrison & Foerster LLP on

Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more

California Environmental Law & Policy Update - July 2016 #5

by Allen Matkins on

Environmental and Policy Focus - State Supreme Court rules in state’s favor on Delta property rights - Sacramento Bee - Jul 21 - The California Supreme Court ruled last Thursday that the state has the right to...more

They Blew Us Off – Insights into the State of New Mexico’s Suits Against the EPA and the State of Colorado

by Snell & Wilmer on

While speaking at a recent conference on natural resource damages, the Secretary of the New Mexico Environment Department, Ryan Flynn, outlined New Mexico’s grievances against the U.S. Environmental Protection Agency (“EPA”)...more

EPA Brownfields Site Planning Grants

The U.S. Environmental Protection Agency has posted a Request for Proposals (RFP) for Fiscal Year 2017 Brownfields Area-Wide Planning program grants. With estimated funding of $4 million and a maximum grant amount of...more

EPA Region III Assesses Largest Superfund Stipulated Penalty Ever

by Williams Mullen on

The Rodale Manufacturing facility in Emmaus, Pennsylvania was added to the National Priorities List in 1991 after more than 50 years of electrical component manufacturing. Operations at the facility included electroplating,...more

CDFA Creates New Brownfields Project Marketplace to Advise on Projects and Financing Resources --- Online Marketplace Scheduled...

by Miles & Stockbridge P.C. on

The Council of Development Finance Agencies (“CDFA”), a national association dedicated to the advancement of development finance concerns and interests, announced the creation of the Brownfields Project Marketplace...more

Corner Briefing: California Land Reuse and Revitalization Act

by Holland & Knight LLP on

This is the second edition in an ongoing series of "Corner Briefings" highlighting urban infill legal tools and opportunities. These updates identify new legal cases, legislative updates, grant opportunities and other urban...more

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