News & Analysis as of

Environmental Protection Agency Superfund

The U.S. Environmental Protection Agency is an agency of the United States federal government established in 1970 at the proposal of President Richard Nixon to combat environmental degradation and protect human... more +
The U.S. Environmental Protection Agency is an agency of the United States federal government established in 1970 at the proposal of President Richard Nixon to combat environmental degradation and protect human health. As part of its mission, the EPA enforces regulations affecting a variety of environmental issues, including air and water quality, pesticide-use, fuel economy standards, and nuclear contamination.  less -

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

Trump's Skinny EPA Budget Could Have Far-Reaching Impacts

by Dorsey & Whitney LLP on

President Trump’s proposed fiscal year 2018 “skinny” budget, if enacted, would severely impact the U.S. Environmental Protection Agency, reducing its budget by nearly a third and cutting 20 percent of its staff. Indeed, the...more

Trump Administration's Budget Blueprint Calls For Significant Impacts to Environmental Programs

by Holland & Knight LLP on

The Trump Administration unveiled significant rollbacks in funding for federal agencies when it released its Budget Blueprint to Make America Great Again on March 16, 2017. The President's proposed budget priorities would...more

EPA Issues Financial Responsibility Requirements for the Hardrock Mining Industry and Announces Intent to Regulate Other...

by King & Spalding on

On December 1, 2016, EPA signed a proposed rule setting forth financial responsibility requirements for the hardrock mining industry under Section 108(b) of the Comprehensive Environmental Response, Compensation, and...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

Common Stock Used to Reimburse EPA for CERCLA Response Costs

by Williams Mullen on

A recent CERCLA settlement provides an unusual method for reimbursing response costs incurred by EPA at a Superfund site. Under a proposed Consent Decree concerning the Yavapai Penta Superfund Site in Prescott, Arizona,...more

EPA Adds Vapor Intrusion to Hazard Ranking. Can You Say “Deck Chairs on the Titanic?”

EPA has finally issued a final rule including vapor intrusion in the Hazard Ranking System. The good news is that this is appropriate, because VI is one of the few real hazards regulated by the Superfund program. The bad...more

Vapor Intrusion: EPA is Sharpening Its Focus

by PretiFlaherty on

On December 8, 2016, the U.S. Environmental Protection Agency (EPA) announced that the ranking system designed to assess potential Superfund sites will now include evaluation criteria related to contamination threats posed by...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

EPA Proposes Financial Responsibility Requirements for Hardrock Mining Industry - The Proposed Rule Could Set a Precedent for...

by Holland & Knight LLP on

U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy on Dec. 1, 2016, signed a pre-publication version of a proposed rule that seeks to establish financial responsibility requirements for approximately 221...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

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

Environmental Notes - May 2016

by Williams Mullen on

The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more

We Are Just Getting Started: EPA Issues Much Anticipated Cleanup Plan for the Lower 8.3 Miles of the Lower Passaic River

by Cole Schotz on

The United States Environmental Protection Agency (“EPA”) recently issued the Record of Decision (“ROD”) for the lower 8.3 miles of the Lower Passaic River, which sets forth EPA’s $1.38 billion remedy. Potentially Responsible...more

Environmental Notes - March 2016

by Williams Mullen on

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

EPA Seeks to Add Subsurface Intrusion to CERCLA Hazard Ranking System

by Williams Mullen on

The National Priorities List (“NPL”) is EPA’s list of the most contaminated sites in the country that warrant cleanup under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (“CERCLA” a/k/a...more

Stop the Presses. Superfund is Stupid.

I know that pointing out CERCLA’s stupidity has something of a dog bites man quality, but sometimes Superfund’s stupidity bears repeating. Today’s exhibit? New York v. Next Millenium Realty, in which Judge Feuerstein held –...more

Proposed Rule Adding Vapor Intrusion Component to Hazard Ranking System Will Likely Appear in Federal Register This Month

A proposed rule that would add a vapor intrusion component to the Hazard Ranking System (“HRS”), the primary screening tool for the CERCLA National Priorities List (“NPL”), is scheduled for publication in the Federal...more

EPA Proposes to Add Vapor Intrusion Pathway Assessment to Superfund Listing System

Last week, we wrote about an audit that MassDEP is conducting of previously closed sites to look for high concentrations of TCE in soils and groundwater. The intent of the audit is to address potential vapor intrusion. The...more

EPA Plans to Ease Path to Superfund Listing: Vapor Intrusion Component to be Added to the Hazardous Ranking System

by Seyfarth Shaw LLP on

The U.S. Environmental Protection Agency (EPA) has just announced a proposed rule to add a subsurface intrusion (SsI) component to the Superfund Hazard Ranking System (HRS). Addition of a Subsurface Intrusion Component to...more

How Should You Respond to EPA Information Requests? Very Carefully.

by Williams Mullen on

You're looking through your mail one morning when you see it: a certified letter from EPA. The letter requests information about your company's operations over the last 20 years. It includes paragraph-after-paragraph of...more

California Environmental Law & Policy Update - January 2016

by Allen Matkins on

Environmental and Policy Focus - Gov. Brown declares state of emergency over natural gas leak - San Diego Union Tribune - Jan 6 - California Gov. Jerry Brown declared a state of emergency Wednesday over a...more

Determining An Intent To Dispose Under CERCLA Remains a Puzzlement

Determining when a person has “arranged” for the disposal of a hazardous substance has long been difficult. The Supreme Court brought some clarity to the issue in Burlington Northern, when it said that...more

JOIN THE CLUB: EPA Sizing Up Hackensack River for Superfund Listing

by Cole Schotz on

The Hackensack River may be joining the likes of the Passaic River, the Hudson River, Gowanus Canal, Newtown Creek, Fox River, the Eighteen Mile Creek, and other waterways that have been placed on the Superfund National...more

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