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87 FR 60416

United States v. Atlantic Richfield Co., No. CV89-039-BU-SEH (D. Mont. Sept. 30, 2022). Settling CERCLA defendants that released hazardous substances at the Anaconda Smelter NPL site in Deer Lodge County, Montana, must reimburse the United States for $48,000,000 in past response costs and future oversight costs that have been or will be incurred in responding to contamination at the site, pay the Forest Service $185,752 to reimburse anticipated future costs that will be spent overseeing remedial activities on Forest Service administered lands, and complete all cleanup actions required under the various records of decision, amendments thereto, and other decision documents issued by EPA for the site.

87 FR 60199

United States v. Union Electric Co. d/b/a Ameren Missouri, No. 22-cv-1038 (E.D. Mo. Sept. 28, 2022). Settling CERCLA defendants must perform response actions at the Findett/Hayford Bridge Road Groundwater Superfund Site pursuant to the June 30, 2021, Record of Decision, and pay oversight costs.

87 FR 59699

EPA authorized Maine's revisions to its hazardous waste management program under RCRA.

87 FR 59748

EPA proposed to grant final authorization to Maine for revisions to its hazardous waste management program under RCRA.

Achieving “Some” Upfront Certainty and Resolve in Superfund Settlements

Superfund practitioners are waiting to see whether the U.S. Environmental Protection Agency (EPA) will designate perfluorooctanoic acid and perfluorooctane sulfonate, two chemicals in the per- and polyfluoroalkyl substances (PFAS) group, as CERCLA hazardous substances. Such a designation may lead to selected remedies being modified and further work being required at Superfund sites where remedies were believed to be complete. This Article explores potential future liability by reviewing provisions of the 2021 Remedial Design/Remedial Action (RD/RA) Model Consent Decree.