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 -

CERCLA/Superfund: U.S. Environmental Protection Agency Announces 21 Sites Targeted for "Immediate/Intense Action"

The United States Environmental Protection Agency (“EPA”) issued a December 8th news release identifying 21 sites that it has targeted for what it describes as “immediate and intense action.” No Arkansas sites are found on...more

EPA Reverses Course; Declines to Impose CERCLA Financial Responsibility Rules on the Hardrock Mining Industry

by Snell & Wilmer on

In a stunning change of course, the United States Environmental Protection Agency announced on December 1, 2017, that it would not issue final regulations imposing financial responsibility requirements on hardrock mining...more

EPA Determines No Need For Additional Superfund Financial Responsibility Rules For Hardrock Mining Industry

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) announced that it will not issue a final rule for the Obama-era’s proposed regulations for financial responsibility requirements for certain hardrock mining...more

Trump Track: Portland Harbor Reset Redux

by Davis Wright Tremaine LLP on

Last Thursday, I posted about EPA apparently looking at resetting the approach to the Portland Harbor Superfund site. I believe that the cost associated with the cleanup plan contained in Region 10’s Record of Decision (ROD)...more

Trump Track: EPA Beginning Anew at Portland Harbor Superfund Site?

by Davis Wright Tremaine LLP on

Although no official pronouncement has been issued, it appears that EPA Headquarters is looking at resetting the scoreboard for the Portland Harbor Superfund site. EPA had already signaled that it would be reviewing...more

Trump Track: EPA/DOJ Funding Split

by Davis Wright Tremaine LLP on

EPA has proposed to end its funding of Superfund enforcement activities by the Department of Justice’s (DOJ) Environment and Natural Resources Division (ENRD). In its proposed budget for FY 2018, EPA has cut the nearly $26MM...more

CERCLA Task Force Issues Recommendations Aimed at Improving the Superfund Program

by Clark Hill PLC on

On August 2, 2017, EPA Administrator Scott Pruitt announced recommendations aimed at accelerating action on Superfund mega-sites, specifically expediting cleanups and promoting redevelopment and community revitalization. The...more

Superfund Reform May Be a Slow Go

As we previously reported, the current administration set out to make Superfund reform a priority. Shortly after taking over as EPA Administrator, Scott Pruitt convened a task force to provide recommendations for...more

Trump Track: Is Superfund Small Ball Best?

The most active agency in carrying out the Trump agenda in its first year has been the EPA, where there has been a raft of efforts to roll back the regulatory initiatives of the Obama Administration. However, in one area the...more

The Arbitrary and Capricious Standard Remains in the Eye of the Beholder

In a very interesting – and extremely rare – case, Emhart Industries has successfully defended itself against a unilateral administrative order issued by EPA under CERCLA, on the ground that key decisions made by EPA were...more

Trump Track: Federal Environmental Civil Penalties Drop by 60%

by Davis Wright Tremaine LLP on

Last week, the Environmental Integrity Project released its report on environmental enforcement during the first six months of the Trump administration. The Environmental Integrity Project, a nonprofit, nonpartisan group...more

EPA’s Task Force Recommendations to Revamp and Expedite Superfund Cleanups and Process – A Welcome Change

by Miles & Stockbridge P.C. on

While the Environmental Protection Agency’s (“EPA”) Superfund program under the Comprehensive Environmental Response and Liability Act or “CERCLA” has often been dubbed the “Comprehensive Employment and Retirement Lawyers...more

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

CERCLA Task Force Issues Recommendations

by Beveridge & Diamond PC on

EPA Administrator Scott Pruitt has announced a set of Task Force recommendations that are aimed at improving the Superfund program. The Agency’s adoption of these recommendations is another indication that demonstrable...more

Trump Track: Pruitt Moves to Streamline Superfund Process, Accelerate Pace of Cleanups

On May 22, 2017, EPA Administrator, Scott Pruitt, convened a Superfund Group to examine the existing Superfund process and make recommendations to streamline the process and incentivize parties to accelerate remediation and...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

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 19

by Clark Hill PLC on

House Passes Spending Bill That Includes Over $1 Billion in Border-Wall Funding: The House passed a $788 billion spending bill that combines a $1.6 billion down payment for President Donald Trump's controversial border wall...more

California Environmental Law and Policy Update - July 2017 #4

by Allen Matkins on

Environmental and Policy Focus - California Supreme Court ruling bolsters bullet train foes - ABC News - Jul 27 - Federal law does not completely preempt application of California’s strict environmental...more

Real Superfund Reform Would Not Place It At the Center of EPA’s Core Mission

Earlier this week, Scott Pruitt released the results of the Superfund Task Force he established in May.  Though skeptical, I was pleased at the creation of the task force and goals he established for it.  With the release of...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 Updates Due Diligence Standard under Superfund for Large Tracts of Land

by Arnall Golden Gregory LLP on

EPA published notice in the Federal Register on June 20, 2017, updating the “All Appropriate Inquiry Rule” for forestland and rural property. A purchaser or a tenant must demonstrate that it has performed All Appropriate...more

Environmental Notes - July 2017

by Williams Mullen on

On June 1, 2017, President Trump announced that the United States will withdraw from the Paris climate agreement (“Paris Agreement”). The Paris Agreement was signed by 195 countries in December of 2015. The goal of the...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

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