Seyfarth Shaw LLP
Rebecca A. Davis, Jeryl L. Olson and Craig B. Simonsen
March 6, 2019
Seyfarth Synopsis: Under the Trump Administration, the U.S. Environmental Protection Agency (EPA) has fully or partially deleted 22 sites from the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) National Priorities List (NPL). This is the largest number of deletions in one year since 2005.
However, the EPA continues to add sites to the NPL, and added five new sites in the Fall of 2018. Two sites are particularly noteworthy as they were added solely due to a subsurface intrusion pathway. Subsurface intrusion is the migration of hazardous substances or pollutants and contaminants from the unsaturated groundwater zone and/or the surficial groundwater into overlying structures. Vapor intrusion is the most common form of subsurface intrusion, but the intrusion also may be in the form of gas or liquid.