Brown & Bryant Superfund site in Arvin, California. October 26, 2004. Credit: EPA. Are Superfund Sites Ever Really Closed?
Superfund Sites are notorious for taking a long time to resolve. But are they ever really closed? Superfund settlements are intended to provide settling parties with finality. The incorporation of reopener clauses in Superfund settlement agreements, typically required by EPA, and changes in the regulation of contaminants can undermine this goal. EPA's recent decisions to list certain PFAS chemicals as hazardous substances, revise the risk evaluation for 1,4,-dioxane, and lower risk levels for lead have dramatically increased the likelihood that Superfund Sites across the country may be reopened.
October 30, 2024 at 12:00 PM
10 minute read
Superfund Sites are notorious for taking a long time to resolve. Superfund settlements are intended to provide settling parties with finality. The incorporation of reopener clauses in Superfund settlement agreements, typically required by EPA, and changes in the regulation of contaminants can undermine this goal. EPA's recent decisions to list certain PFAS chemicals as hazardous substances and lower risk levels for lead and 1,4-dioxane has dramatically increased the likelihood that Superfund Sites across the country may be reopened.
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