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 -
News & Analysis as of

Superfund Rant For a New Congress

So the new Congress will be controlled by the GOP. The House and Senate will consider various bills to reign in EPA authority. Here’s one relatively modest suggestion for congressional consideration: amend CERCLA to limit...more

EPA's Concern Over TCE Vapor Intrusion Is Misguided

On July 9, 2014, the Director of the U.S. Environmental Protection Agency's Superfund Division in Region 9 issued a memo to staff setting an “operational framework” to address “inhalation exposures [to trichloroethylene] in...more

EPA Proposes Clarification on CERCLA’s “All Appropriate Inquiry” Standard

Step by step, inch by inch. Slowly but diligently, the U.S. Environmental Protection Agency has been working to clarify what standards and practices may be used for conducting “all appropriate inquiries” (AAI) under the...more

Texas Environmental Update - January 2014

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

Revised Phase I Environmental Assessment Standard Issued

On November 6, 2013, ASTM International issued its revised Phase I Environmental Assessment Standard, E1527-13, “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.” Perhaps...more

EPA Approves New Assessment Standards For CERCLA Bona Fide Prospective Purchaser Defense

On December 30, 2013, the United States Environmental Protection Agency (EPA) issued a final rule relating to the bona fide prospective purchaser defense to CERCLA. EPA has authorized prospective purchasers of real estate to...more

EPA Calls for New “Completion Strategies” at Contaminated Groundwater Sites

October 2013, the U.S. Environmental Protection Agency issued its draft “Groundwater Remedy Completion Strategy – Moving Forward with Completion in Mind,” which would establish a recommended strategy for an adaptive...more

Be Careful What You Look For: EPA Updates “All Appropriate Inquiries” Environmental Diligence Standard

On December 30, 2013, the U.S. Environmental Protection Agency (“EPA”) amended its “All Appropriate Inquiries” rule, which sets out the standard for environmental due diligence in commercial and industrial property...more

EPA Recognizes New Standard for Phase I Environmental Site Assessments in Real Estate Transactions

Effective December 30, 2013, the Environmental Protection Agency (EPA) has amended its regulations for site assessments in real estate transactions to add a new standard, ASTM E1527-13, as satisfying the agency’s requirements...more

EPA Announces Approval of New Phase I Environmental Site Assessment Standard

On December 30, 2013, the U.S. Environmental Protection Agency (EPA) announced that, effective immediately, it was amending the rule impacting the type of due diligence necessary to avoid Superfund liability as a prospective...more

EPA Amends All Appropriate Inquiries Rule To Clarify Best Practices

The EPA has amended its "All Appropriate Inquiries" Rule (AAI Rule) to reference the recently published ASTM International E1527–13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment...more

EPA Issues Rule Approving New ASTM E1527-13 Standard For All Appropriate Inquiries

On December 30, 2013, the U.S. Environmental Protection Agency (EPA) issued its final rule approving the use of ASTM International’s revised “Standard Practice for Environmental Site Assessments: Phase I Environmental Site...more

EPA Rule Adopts Revised ASTM Phase I Environmental Site Assessment Standard as Alternative Means to Conduct All Appropriate...

The United States Environmental Protection Agency issued a final rule on December 30, 2013, endorsing ASTM E1527-13, “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,” as an...more

House Subcommittee Approves Coal Ash Legislation And Proposals To Modify Superfund

The Subcommittee on Environment and the Economy of the Energy and Commerce Committee of the U.S. House of Representatives approved legislation on June 6, to direct the regulation and management of coal combustion ash...more

Which Is Worse? EPA Oversight or Citizen Oversight?

Everyone who represents PRPs in Superfund settlements has his or her own horror stories regarding the scope of EPA’s oversight cost claims. We all know that oversight costs can end up as an appreciable percentage of total...more

California Environmental Law and Policy Update - March 22, 2013

In This Issue: Environmental and Policy Focus - U.S. top court rules for timber industry over road runoff; U.S. Supreme Court grants review of plan by forest service to manage Sierra Nevada; Federal Appeals Court...more

EPA Releases Proposed Cleanup Plan for Lower Duwamish Waterway

Yesterday, EPA released a proposed plan for cleanup of the Lower Duwamish Waterway Superfund Site. The release kicks off the 105-day public comment period. EPA estimates that the cleanup will cost $305 million....more

EPA Lifts Threat of CERCLA Liability for Some Tenants of Brownfields

Tenants who lease currently or formerly contaminated property can now benefit from protections from cleanup liability that were once available only to purchasers of such property. EPA announced its new policy in a December...more

Recent Ruling Confirms That Cost of Compliance with a PRP Letter Is Insured Under CGL Policies

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site anywhere in the country, the Alabama Supreme Court has followed the majority of state courts and held that a...more

Solar Array For Grand Rapids Superfund Site?!

The United States Environmental Protection Agency has awarded a grant to the City of Grand Rapids to do a feasibility study for a solar array at a former superfund site. The Butterworth Landfill was an unlined, 60 acre...more

Should Tenants Worry About Environmental Liabilities For Their Leased Property?

By 2013, most property owners have heard of the advantages of performing environmental due diligence and conducting “All Appropriate Inquiry” by obtaining an Environmental Site Assessment before purchase. Doing so is key to...more

In Alabama, Cost of Complying with a PRP letter Now Insured Under CGL Policies

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site, the Alabama Supreme Court has held that a PRP letter constitutes a “suit” under a comprehensive general...more

Brownfield Tenants Gain CERCLA Liability Protection

Good News: Brownfield Tenants Gain CERCLA Liability Protection - In December 2012, an Environmental Protection Agency (EPA) Guidance Memo set out a new EPA enforcement policy. In sum, on a discretionary basis, the...more

EPA Guidance Further Clarifies The Protections Available To Tenants Under Superfund’s BFPP Defense

As part of an evolving effort to encourage the redevelopment of brownfield properties, the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”) was amended in 2002 to provide...more

New Liability Protection For Tenants On Brownfield Properties

In a December 2012 Guidance Memo, the Environmental Protection Agency (EPA) announced new enforcement principles intended to enhance protections for tenants on contaminated or previously contaminated “brownfield” properties....more

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