EPA Official Says Vapor Intrusion May Drive Suits To Reopen Cleanup Pacts

摘要

The head of EPA Region II's Superfund office is predicting the latent discovery of vapor intrusion at Superfund sites will trigger parties to debate and litigate over whether cleanup consent decrees should be reopened under so-called reopener clauses found in many cleanup settlements. Triggering such reopeners would mean additional cleanup liabilities for potentially responsible parties (PRPs) who previously settled their liability with EPA. In response to a question about increased attention from regulators over vapor intrusion discoveries at cleanups thought to be finished, Walter Mugdan, EPA Region II emergency and remedial response division director, said April 19 at a legal forum that many settlements the agency has entered into with liable parties typically contain reopeners that can be triggered under certain circumstances.