89 FR 54820
EPA entered into a proposed settlement agreement under CERCLA concerning the Olin Chemical Superfund Site in Wilmington, Massachusetts.
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89 FR 54820
EPA entered into a proposed settlement agreement under CERCLA concerning the Olin Chemical Superfund Site in Wilmington, Massachusetts.
Natural Resource Damages Under CERCLA and OPA
Natural resource damages (NRD) under federal law is a statutory cause of action to compensate for injury to natural resources resulting from releases of hazardous substances or oil. Designated officials are authorized under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act (OPA), among others, to act as “trustees” on behalf of the public or tribes.
Strengthening Superfund Cleanups With Land Use Institutional Controls
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) established the “Superfund,” which allows the U.S. Environmental Protection Agency (EPA) to clean up contaminated sites. It also forces the parties responsible for contamination to either perform cleanups or reimburse the government for the EPA-led cleanup work. The Superfund program relies on several tools to protect against lasting contamination.
89 FR 53644
Regents of the University of Minnesota v. United States, No. 17-cv-3690 (D. Minn. June 21, 2024). Under a proposed consent decree, a settling CERCLA defendant would pay $13,000,000 for environmental response actions and payment of response costs at a property owned by the University of Minnesota and formerly part of the Gopher Ordnance Works Site.
89 FR 53423
EPA entered into a proposed administrative settlement agreement under CERCLA that provides for the performance of response actions and the payment for certain response costs incurred by the United States and the state of Colorado in connection with the Broderick Wood Products Superfund site.
89 FR 52956
The Pipeline and Hazardous Materials Safety Administration amended the Hazardous Materials Regulations to require railroads that carry hazardous materials to generate in electronic form, maintain, and provide to first responders, emergency response officials, and law enforcement personnel, certain information regarding hazardous materials in rail transportation to enhance emergency response and investigative efforts.
89 FR 51903
United States v. Pope Resources, No. 3:24-cv-05470 (W.D. Wash. June 13, 2024). Under a proposed consent decree concerning the release of hazardous substances from the former Pope & Talbot sawmill facility in Kitsap County, Washington, settling CERCLA and CWA defendants must construct, implement, maintain, and monitor a habitat restoration project; fund future long-term maintenance, monitoring, and stewardship of the project; and pay past and estimated future costs for natural resource damages assessment and restoration implementation and oversight.