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The Oak Ridge Cleanup: Protecting the Public or the Polluter?

The Oak Ridge Reservation is one of the largest U.S. Department of Energy (DOE) facilities in the country, with areas that are highly contaminated by chemicals, metals, and radionuclides. DOE is in the middle of a multi-decade, multi-billion-dollar cleanup there, and a recent Superfund decision for one portion of the site raises a number of significant legal issues. This Article addresses some related questions: Should radionuclides get less stringent cleanup than other equally harmful pollutants like mercury and polychlorinated biphenyls?

88 FR 12995

United States v. Honeywell International Inc., No. 5:23-cv-00059 (N.D.W. Va. Feb. 22, 2023). Settling CERCLA defendants must pay for all future EPA and West Virginia Department of Environmental Protection response costs and reimburse $534,165 of the United States’ past response costs in connection with the release of hazardous substances at the Hanlin-Allied-Olin Superfund site in Moundsville, West Virginia.

88 FR 12357

EPA entered into a proposed administrative settlement agreement under CERCLA involving a mixed work and funding agreement, including a proposed compromise of up to $1.841 million in direct and indirect EPA costs associated with the Agency’s contribution to the implementation of a removal action at the Mansell Field Site in Salem, Essex County, Massachusetts.

88 FR 10894

EPA finalized guidance on petitions for a no migration variance (NMV) under the land disposal restrictions pursuant to RCRA for persons applying for a NMV for a waste pile temporarily located within a RCRA-permitted Subtitle C landfill cell.

88 FR 7443

EPA entered into a proposed consent decree under RCRA in Statewide Organizing for Community eMpowerment v. U.S. Environmental Protection Agency, No. 1:22-cv-2562-JDB (D.D.C.), that would establish deadlines for the Agency to sign proposed and final actions pertaining to allegations that EPA failed to perform its non-discretionary duty to review and revise a regulation that exempts inactive coal combustion residuals (CCR) landfills from the CCR disposal regulations.

Waste and Chemical Management in a 4°C World

Many chemicals and hazardous substances are kept in places that can withstand ordinary rain, but not severe storms or floods. If these events occur and the chemicals are released, people and the environment may be endangered. This Article discusses the hazards posed to chemical and waste disposal facilities by extreme weather events that would be worsened as a result of climate change, and how U.S. laws do (or do not) deal with these hazards; and considers how the law would need to change to cope with what would happen to these facilities in a potentially 4°C world.

88 FR 6257

EPA entered into a proposed settlement under CERCLA for recovery of past response costs concerning the Logan Street Mercury Response site in Ada County, Idaho.

88 FR 6257

EPA announced a proposed administrative cost settlement for recovery of response costs concerning the Sessions Clock site in Bristol, Hartford County, Connecticut.

88 FR 5920

United States v. Lynden, Inc., No. 2:23-cv-00101 (W.D. Wash. Jan. 24, 2023). Settling CERCLA, CWA, and OPA defendants that released hazardous substances and discharged oil from facilities along and near the Lower Duwamish River must pay $556,250 for natural resource damages; purchase restoration credits in a restoration project constructed along the Lower Duwamish River by a project developer to serve as a restoration credit bank; and pay their equitable share of assessment costs.

88 FR 4999

EPA announced a proposed administrative settlement agreement under CERCLA for recovery of past response costs concerning the Tittabawassee River, Saginaw River and Bay site in Michigan.