Appellate Court Poised To Rule On Novel Superfund Enforcement Approach

摘要

An upcoming ruling from the U.S. Court of Appeals for the 7th Circuit has the potential to change the way EPA ensures Superfund sites are cleaned up by making it easier for the agency to hold multiple potentially responsible parties (PRPs) responsible for the remediation work, attorneys following the case say. At issue in United States v. Glatfelter, which involves the cleanup of contaminated sediment in Wisconsin's Lower Fox River, is whether EPA can obtain a permanent injunction under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) to enforce a unilateral administrative order (UAO), especially when there is no allegation that a PRP has violated the UAO or before cleanup obligations are delineated. The permanent injunction requires a multitude of PRPs at the site to comply with the UAO, even though one of the PRPs has already committed to perform the cleanup.