Using Institutional Controls in Anticipation of Superfund Site Disasters

April 2025
Citation:
55
ELR 10162
Issue
2
Author
Maureen Hartwell

Understanding the nearly impossible task of containing contaminants from Superfund sites, it is imperative to find solutions in anticipation of disasters that scientists project will only increase in magnitude and frequency. This Comment proceeds in six parts. Part I identifies the challenge of increasing natural disasters and their impact at Superfund sites, which are toxic havens. Part II identifies efforts that the U.S. Environmental Protection Agency (EPA) and other federal agencies have taken to make Superfund sites more climate-resilient. Part III identifies and explains institutional controls (ICs) as a potentially underutilized tool for making Superfund sites more climate-resilient. Part IV identifies specific land use policies that municipalities and site managers can implement as ICs to achieve climate resilience at and around Superfund sites. Part V provides recommendations for implementing ICs throughout different stages of the cleanup process. Part VI concludes.

Maureen Hartwell is a 2025 J.D. candidate at Pace University’s Elisabeth Haub School of Law.