For the First Time, U.S. EPA Proposes to Add a Site to the National Priorities List Solely Based on the Risk Posed by Vapor Intrusion

Beveridge & Diamond PC
Jeanine L.G. Grachuk & Augustus E. Winkes

March 8, 2018

The National Priorities List is designed to identify the contaminated sites that pose the highest risk to human health or the environment so that U.S. EPA can focus its efforts on these sites. For the first time, on January 18, 2018, EPA proposed to list a site based solely on the risk to human health from subsurface intrusion to indoor air, also known as vapor intrusion. The site is Rockwell International Wheel & Trim in Grenada, Mississippi. The public comment period on this proposed listing will close on March 19, 2018.

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EPA “Year in Review”

Jenner & Block LLP
Allison A. Torrence

March 5, 2018

On Monday, March 5, 2018, EPA issued a report titled EPA Year in Review 2017-2018. The report contains an introductory letter from Administrator Pruitt, who states that he has been “hard at work enacting President Donald Trump’s agenda during [his] first year as EPA Administrator.” The report highlights accomplishments at EPA over the past year, with a focus on the roll back of regulations from the Obama Administration, such as the Clean Power Plan and the Waters of the United States Rule. Administrator Pruitt stated that “[i]n year one, EPA finalized 22 deregulatory actions, saving Americans more than $1 billion in regulatory costs.”

According to the report, Administrator Scott Pruitt set forth a “back-to-basics agenda” with three objectives:

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Environmental Organizations Granted Right to Appeal NJDEP’s $225 Million NRD Settlement with Exxon Mobil, but Settlement is Upheld

Greenbaum, Rowe, Smith & Davis LLP
Daniel Flynn

February 27, 2018

The New Jersey Appellate Division recently affirmed a trial court’s approval, under New Jersey’s Spill Compensation and Control Act (Spill Act), of a high profile $225 million settlement between the New Jersey Department of Environmental Protection (DEP) and Exxon Mobil Corporation (Exxon) for natural resource damages (NRD) allegedly caused by Exxon’s operation of refinery facilities in Linden and Bayonne, New Jersey.

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EPA Requests Comment on Regulating Discharges of Pollutants into Groundwater

Manko, Gold, Katcher, Fox, LLP
Jonathan E. Rinde and Zachary J. Koslap

March 1, 2018

MGKF Special Alert

On February 20, EPA requested comment on whether pollutant discharges from point sources that reach jurisdictional surface waters via groundwater may be subject to Clean Water Act (“CWA”) regulation.  Specifically, EPA seeks comment on whether EPA should consider clarification or revision of previous EPA statements regarding the Agency’s mandate to regulate discharges to surface waters via groundwater under the CWA.

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