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.