Last week, EPA added two sites to the National Priorities List (NPL), a list of sites of national priority for known or threatened releases of hazardous substances, solely for the risks posed by vapor intrusion. Vapor intrusion, a topic previously covered on our blog, is the migration of volatile chemicals from soil or groundwater into
Superfund
2018 Environmental, Health, and Safety Outlook for Manufacturers
I want to begin by celebrating the fifth anniversary of our Manufacturing Law Blog. We are passionate about providing you with legal updates that are relevant to your manufacturing business and are honored that you are here. With over 20,000 visits over the course of our blog’s relatively short life, we are proud of the…
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 restructuring and streamlining the Superfund cleanup process. Over the summer, Administrator Pruitt endorsed 42 recommendations from the task force. The recommendations included,…
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 a couple of initiatives in an effort to streamline and improve the Superfund process and cleanups. In addition,…
CERCLA Update: Court Reverses Divisibility Ruling
Earlier this year, we reported on a case that seemed to breathe new life into the divisibility defense under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Under CERCLA, a party that causes or contributes to contamination, or even just owns contaminated property, can be held liable for the entire cleanup. In May 2015,…
Can Air Emissions Lead to CERCLA Liability?
The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”) imposes fairly broad liability on potentially responsible parties (“PRPs”) to pay for the investigation and remediation of a release of a hazardous substance. Typically, we think of a “release” as spilling or dumping on land, or discharging to water. A…
Superfund Divisibility Defense Gets New Life
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, is a federal law under which contaminated sites are identified and evaluated by the Environmental Protection Agency (EPA). EPA designates certain sites for cleanup and pursues potentially responsible parties (PRPs) to investigate and remediate those sites.
Liability under CERCLA is joint and…