Tag Archives: superfunds

Pennsylvania Prospective Purchasers of Contaminated Property and Their Administrative Records

On April 26, 2019, the Pennsylvania Environmental Hearing Board (EHB) voided two amendments to a prospective purchaser agreement (PPA) for the Bishop Tube Site entered into in 2007 and 2010. Del. Riverkeeper Network v. Dep’t of Envt’l Prot’n, EHB Dkt. No. 2018-020-L (Constitution Drive Partners). The underlying PPA was dated 2005. The Department of Environmental … Continue Reading

Can a State Provide Oversight Under a Federal CERCLA Order or Decree?

Section 400(h) of the National Contingency Plan (NCP) contains an unremarked, yet problematic, last sentence. The NCP, of course, governs response actions under the federal Comprehensive Environmental, Response, Compensation and Liability Act (CERCLA or Superfund); the government cannot recover costs incurred inconsistently with that regulation. 42 U.S.C. § 9607(a)(1-4)(A). Section 400(h) provides: (h) Oversight. The … Continue Reading

New Delegation Centralizes Largest Superfund Cleanup Decisions

In a move designed to streamline approvals of and ensure consistency among the largest Superfund cleanups, EPA Administrator Scott Pruitt last week approved a new delegation of authority giving him and his yet-to-be-named deputy the final signature authority to approve large Superfund cleanups over $50 million. Prior to the revision, approval authority rested with EPA’s 10 regional … Continue Reading
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