Superfund Alert: The Latest Proposed Changes to CERCLA

On February 12, 2018, President Trump’s Administration published its Infrastructure Plan (Plan) aimed at fixing America’s infrastructure. Within the Plan are several proposed changes to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (also known as Superfund). The first proposed change is to expand funding eligibility for revitalization projects under CERCLA. Currently, CERCLA Sections 101(39)(B) and 101(41)(C) only authorize grants or revolving loans for brownfields — properties that contain hazardous substances, pollutants, or contaminants that complicate expansion, redevelopment,
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How Long Should We Wait for Those Good Things They Say are Worth Waiting For?

On July 25, 2017, the EPA’s recently created Superfund Task Force released a number of recommendations on how to “streamline and improve the Superfund program.” These recommendations (e.g., recommendation number one is “Target NPL Sites That Are Not Showing Sufficient Progress Towards Site Cleanup and Completion”) were generated after the EPA director criticized the cleanup time involved in the Superfund process. Has the process been taking too long? The Superfund program involves both an identification and investigation process that’s been time consuming. To start the process, EPA identifies the potentially contaminated site and
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