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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.

View The Biden Administration’s ‘All of Government’ Approach to Environmental Policy: Climate Change, Environmental Justice, and Beyond and Environmental Justice Under the Biden Administration to learn more.