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By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) announced that it will not issue a final rule for the Obama-era’s proposed regulations for financial responsibility requirements for certain hardrock mining (HRM) facilities. 83 Fed. Reg. 7556 (Jan. 21, 2018).

EPA Administrator Scott Pruitt announced that “after…
Continue Reading EPA Determines No Need for Additional Superfund Financial Responsibility Rules for Hardrock Mining Industry

By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: Businesses and industries across the country which own or have interests in facilities and properties that may come under the broad scope of these new Superfund “Recommendations” will need to stay attuned and involved with what the Agency is doing relating to your interests. …
Continue Reading EPA Task Force Report to Revitalize the Superfund Program

By Andrew H. Perellis and William R. Schubert

A recent Government Accountability Office report (GAO-13-252) called on EPA to improve its management of alternatives to National Priorities List placement.

The report found that at most sites that EPA deems eligible for NPL placement, EPA uses an alternative approach so that the site can be remediated without being placed on the…
Continue Reading GAO Report Criticizes Inconsistency Among EPA Regions For Alternate Cleanups Managed Outside of Superfund

By Andrew H. Perellis, Philip L. Comella, and Craig B. Simonsen

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The Court found that the only issue for resolution was whether there was any evidence that the defendant, an “innocent purchaser,” was liable for the alleged re-contamination of a former Superfund site.

U.S. District Judge Ron Clark recently adopted Magistrate Judge Keith F. Giblin’s Report and Recommendations and…
Continue Reading Innocent Purchaser Defense Wins Summary Judgment in Texas District Court

By Andrew H. Perellis, Jeryl L. Olson, and Eric E. Boyd

To promote brownfield development, in 2002, the Congress provided the Bona Fide Prospective Purchaser defense under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), Section 101(40)(A)-(H). In a nutshell, that provision provides that a person (or a tenant of a person) that acquires contaminated property…

Continue Reading Can a Tenant Occupy Contaminated Property and be Protected from Superfund Liability?

By Andrew H. Perellis, Philip L. Comella, and Craig B. Simonsen

The U.S. Environmental Protection Agency has recently released its “Revised Policy on Managing the Duration of Remedial Design/Remedial Action Negotiations” (Revised Policy). The Revised Policy contains the Office of Site Remediation Enforcement’s (OSRE) procedures for reducing the duration of remedial design/remedial action (RD/RA) negotiations. The stated…
Continue Reading Revised Policy on Managing the Duration of Superfund Negotiations

By Andrew H. Perellis and Ilana R. Morady

The United States Court of Appeals for the First Circuit recently issued an opinion holding that arranger liability under Section 9607(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) can attach to a potentially responsible party (PRP) even if a PRP does not direct a site owner to dispose of…

Continue Reading U.S. v. General Electric: First Circuit Clarifies Reach of CERCLA Arranger Liability