On August 31, 2021 the U.S. Environmental Protection Agency (EPA) and the Department of Justice (DOJ) issued an updated version of its Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly known as Superfund) model remedial design/remedial action (RD/RA) consent decree (CD) and accompanying statement of work (SOW). These documents serve as the basis for negotiating cleanup work agreements with potentially responsible parties at Superfund sites.
On October 12 presenters will provide an overview of the updated model documents, an explanation of the key revisions including some enhanced community involvement provisions, and a demonstration of new tools that will allow drafting attorneys to easily modify the consent decree for particular situations (e.g., operable unit v. site wide CD). Superfund practitioners, community groups, and other interested stakeholders will gain important insight into the development of these new models and the impact on the negotiation process.
The effort to streamline the model RD/RA CD is the result of a review by a national workgroup comprised of EPA and DOJ attorneys who believed that streamlining the model RD/RA CD by improving clarity and reducing redundancy would result in a quicker negotiation process for CERCLA cleanup settlements and faster cleanup starts. In addition, consistent with Administrator Regan's prioritization of EPA's commitment to the protection of environmental justice communities disproportionately impacted by pollution, the workgroup developed enhanced community involvement provisions for the revised SOW to advance this commitment. To view this archive online or download the slides associated with this seminar, please visit http://www.clu-in.org/conf/tio/RDRACDSOW_101221/