Jun 20, 2018

EPA Soliciting Comments on BUILD Act

Dirty Warehouse: BUILD Act

The Environmental Protection Agency is seeking to streamline the cleanup and reuse of National Priorities List sites with an emphasis on private party participation and private investment. NPL site designation was once a popular way for affected communities to secure federal funding for remediation, but the program has long suffered from lack of funding. Now, the Trump administration seeks to streamline the delisting of NPL sites in the same manner as the redevelopment of brownfields. One example of this initiative is the Brownfields Utilization, Investment and Local Development (BUILD) Act, which was enacted on March 23, 2018, and reauthorizes EPA’s… Read more

Aug 18, 2014

Sixth Circuit Holds That Settling PRPs at Superfund Sites Are Limited to Contribution Claims Against Other PRPs

The interplay of two remedies for recovery by Potentially Responsible Parties (PRPs) of their cleanup costs at contaminated sites has been a lively topic of debate ever since Congress added Section 113(f) in 1986, clarifying the right of parties held jointly and severally liable for cleanup costs to seek recovery of a share of those costs from other PRPs who had not contributed toward cleanup. In 2007, the Supreme Court in United States v. Atlantic Research Corp. held that both Section 113 contribution claims and the pre-existing remedy under Section 107 for cost recovery were available to PRPs, depending on… Read more