
Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comFirm Insights
Author: Daniel T. McKillop
Date: June 28, 2017

Partner
201-896-7115 dmckillop@sh-law.comEnvironmental Protection Agency (EPA) Administrator Scott Pruitt recently issued a memorandum stating that he plans to prioritize the agency’s Superfund cleanups. According to Pruitt, Superfund cleanup efforts “will be restored to their rightful place at the center of the agency’s core mission.”

Remediating superfund sites is multi-phase process that typically takes several years. Prior to any cleanup taking place, the EPA must conduct a preliminary site assessment, complete the National Priorities List (NPL) site listing process (if applicable), perform a remedial investigation/feasibility study, issue a record of decision, and implement a remedial design/remedial action.
New Jersey leads the country with 114 Superfund sites, which is the designation given to the areas of the country with the most severe environmental contamination. Accordingly, the proposed changes to the cleanup process will certainly be felt across the state.
Pruitt’s announcement follows the EPA’s recent amendment of the delegations of authority under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The amendment pulls back to the Administrator’s Office the authority to issue remedy selection decisions when the estimated cost of the remedy exceeds $50 million.
The authority to issue remedy selection decisions when the estimated cost of the remedy exceeds $50 million had been previously delegated to the Assistant Administrator for Office of Land and Emergency Management and the Regional Administrators. The latter officials retain the authority to make remedy selection decisions under $50 million and other response action decisions.
With regard to that change, Pruitt stated that “this authority had been delegated many layers into the bureaucracy, resulting in confusion among stakeholders and delayed revitalization efforts. Putting the decision of how to clean up the sites directly into the hands of the administrator will help revitalize contaminated sites faster.”
In addition to changes in the decision-making process, the EPA plans to form a task force to make recommendations on how to “restructure the cleanup process, realign incentives of all involved parties to promote expeditious remediation, reduce the burden on cooperating parties, incentivize parties to remediate sites, encourage private investment in cleanups and sites and promote the revitalization of properties across the country.” Below are several actions that the EPA plans to take:
Do you have any questions regarding the EPA Superfund? Would you like to discuss the matter further? If so, please contact me, Dan McKillop, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Author: Michael Mietlicki

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Author: Sean M. Pena

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Author: Donald M. Pepe

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
Author: Chris Seelinger
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!