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 the CERCLA and RCRA, our guidance related to contaminated site cleanup efforts and the laws governing them covers the Toxic Substances Control Act (TSCA), the Clean Water Act (CWA), and their state counterparts.

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, Morgan Lewis has front-line insight into the efforts to control costs and improve efficiencies for regulated industries.

We counsel 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 sites 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

The EPA recently updated its model remedial design/remedial action consent decree and statement of work to streamline and quicken CERCLA settlement negotiations and address environmental justice concerns of Superfund sites in impacted communities. View EPA Updates Model Remedial Design/Remedial Action Consent Decree and Statement of Work to learn more.

The environmental policy agenda of the Biden-Harris administration promises to reshape the investigation and remediation of contaminated sites. While the previous administration sought to revamp the Superfund program to increase the efficiency of site cleanups and speed up return to productive use, the new administration’s focus on environmental justice and climate change is expected to bring increased scrutiny in those areas while focusing on enhanced community involvement in remedial design and implementation.

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.