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As EPA Touts Benefits, Attorneys Fear EJ Fixes To Model CERCLA Forms, InsideEPA

Monday, September 20, 2021

The publication InsideEPA recently cited a LawFlash written by Morgan Lewis partners Duke McCall and Denise Fellers, of counsel Laurie Matthews, and associate Noorvik Minasian in an article regarding the US Environmental and Protection Agency’s (EPA’s) revamped model consent decree for Superfund enforcement agreements. In EPA Updates Model Remedial Design/Remedial Action Consent Decree and Statement of Work, the lawyers questioned if the consent decree will speed negotiations and cleanups, and said that additions EPA made to a related work document requiring more community involvement to support environmental justice commitments will add time and money to the process. “While the revisions simplify and reduce redundancies in several sections, including dispute resolution, payment of response costs, and property requirements, we will see if the previously slow negotiations were the result of excess words, the substance of the provisions, or otherwise,” they wrote.

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