Superfund, RCRA, and Contaminated Sites

As companies seek to navigate Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) regulations; Resource Conservation and Recovery Act (RCRA) corrective action; and other contaminated site remediation and ensuing litigation, Morgan Lewis lawyers who represent clients in this complex area of environmental law offer their analyses and thinking while providing access to primary source materials and related events.

In addition to CERCLA and RCRA, our guidance related to contaminated site cleanup efforts and the laws governing them covers their state counterparts as well as related regulations under the Clean Water Act (CWA), Clean Air Act (CAA), Safe Drinking Water Act (SDWA), Emergency Planning and Community Right-to-Know Act (EPCRA), and Oil Pollution Act (OPA). We also have substantial experience with sites being remediated under the Formerly Utilized Sites Remedial Action Program (FUSRAP) governing sites with environmental contamination that resulted from early United States Atomic Energy Commission activities.

As counsel to the Superfund Settlements Project (SSP) and RCRA Corrective Action Project (RCAP), two multi-industry advocacy organizations focused on reforming and improving the US Environmental Protection Agency’s (EPA) administration of the Superfund and RCRA Corrective Action programs, as well as the Sediment Management Working Group (SMWG), Morgan Lewis has front-line insight into the efforts to control costs and improve efficiencies for regulated industries.

We have counseled clients in regulatory proceedings and litigation matters involving more than 100 contaminated sites across the United States and carefully monitor evolving regulatory changes and case law developments that impact contaminated site resolution. As common counsel to numerous sites across the county, we understand the array of issues arising from multiparty sites and leverage our knowledge to help shape cost-effective, timely solutions for our clients.

ALWAYS IN THE KNOW

In 2021, the EPA updated its model remedial design/remedial action consent decree and statement of work to streamline and accelerate CERCLA settlement negotiations and address environmental justice concerns of Superfund sites in impacted communities. See our LawFlash EPA Updates Model Remedial Design/Remedial Action Consent Decree and Statement of Work to learn more. Morgan Lewis lawyers have negotiated multiple consent decrees under the new model and bring our practical experience to the negotiation and implementation of the current model documents.

The environmental policy agenda of the current US administration promises to reshape the investigation and remediation of contaminated sites, including returning to a focus on increasing the efficiency of site cleanups and speeding up return to productive use. Our lawyers skillfully guide clients through these changing priorities and work with EPA representatives to implement creative solutions for effective cleanups.

RECENT UPDATES

June 2, 2025 - Emerging Trends in State-Level PFAS Regulation and Litigation
As the US Environmental Protection Agency (EPA) under Administrator Lee Zeldin lays out an ambitious regulatory agenda related to perfluoroalkyl and polyfluoroalkyl substances (PFAS), state lawmakers, state attorneys general, nongovernmental organizations, and plaintiffs’ lawyers continue to impact evolving compliance and liability risk.

May 2, 2025 (Updated May 16, 2025) - US EPA Announces Ambitious PFAS Agenda
The ambitious agenda also includes a variety of other agency goals including addressing information gaps, improving PFAS testing methods, and coordinating EPA’s efforts with Congress, states, tribes, and other federal agencies.

April 16, 2025 - TCE Rule Takes Effect but Ultimate Fate Is Still Unknown
The US Environmental Protection Agency’s final rule to regulate trichloroethylene recently went into effect, triggering compliance deadlines for implementing the prohibition and Workplace Chemical Protection Programs even while the rule’s interim inhalation exposure limit remains subject to judicial review.

March 13, 2025 - In Yet Another Decision Restricting EPA Authority, US Supreme Court Holds EPA Cannot Set CWA Permit Limits
The Court’s decision renders unenforceable limitations in CWA permits conditioned on the quality of the receiving waters and again makes clear the Court will not defer to the agency’s interpretation of a statute it is tasked with implementing.

February 11, 2025 - PFAS and Microplastics Litigation: The Latest Front of ESG Lawsuits
A growing awareness of perfluoroalkyl and polyfluoroalkyl substances (PFAS) and the pervasiveness of microplastics have led to an uptick in litigation by private plaintiffs, nongovernmental organizations, and state attorneys general.