Superfund law

June 28, 2024

US failed to clean up radioactive Superfund site, lawsuit claims

By Shannon Kelleher

The US government has failed dangerously in its duty to clean up a radioactive former naval shipyard in San Francisco, jeopardizing the health of community members for decades and potentially putting hundreds of thousands of people at risk if plans to turn the site into a residential area materialize, alleges a lawsuit filed on Friday.

The lawsuit, which was filed in the US District Court for the Northern District of California by the group Greenaction for Health and Environmental Justice, alleges that both the Navy and the US Environmental Protection Agency (EPA) violated the federal law that governs Superfund site cleanups known as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

The Navy has not properly characterized the full extent of the contamination at the Hunters Point Naval Shipyard, according to the complaint, and failed to follow through on its promise to retest all the soil that was improperly remediated by a former contractor, Tetra Tech.

The Navy has also failed to account for how rising sea and groundwater levels, driven by climate change, may exacerbate contamination risks for vulnerable neighborhoods nearby, the lawsuit alleges.

“Our community is sick and tired of the Navy and US EPA ignoring our demands for full retesting and a full cleanup of all the toxic and radioactive waste at the Hunters Point Shipyard,” Leaotis Martin, a long-time area resident and Greenaction member, said in a press release.

Vermont_State_House_Montpelier_October_2021_HDR

May 31, 2024

“Taking on Big Oil”; Vermont enacts Climate Superfund Act

By Dana Drugmand

Vermont has enacted a first-in-the-nation law that holds major fossil fuel companies financially responsible for the climate pollution associated with their products, a move applauded by environmental advocates.

Following passage by the legislature earlier this month, Vermont Gov. Phil Scott allowed the bill to become law on Thursday without his signature. He cited several concerns in a letter to the state senate secretary, warning that “Taking on Big Oil should not be taken lightly.”

The measure, dubbed the Climate Superfund Act, aims to recover climate-related costs incurred by the state from large oil and gas companies whose production of carbon-based fuels ultimately resulted in over a billion metric tons of atmospheric greenhouse gas emissions between 1995 and 2024 – pollution that is wreaking havoc on communities across the country in the form of deadly heat waves, catastrophic flooding and storms, and other extreme weather events.

Vermont experienced its worst flooding in nearly a century last summer when heavy rains caused rivers to overflow their banks, wiping out floodplain crops, washing out roads and bridges, and damaging homes and small businesses throughout the state.

“In order to remedy the problems caused by washed out roads and houses, downed electrical wires, damaged crops, and repeated flooding, the largest fossil fuel entities that have contributed to climate change should also have to contribute to fixing the problem they caused,” Vermont state representative Amy Sheldon of Middlebury said from the House floor on May 3.

In passing the new law, Vermont is taking the first step in shifting some of the cost burden of responding and adapting to such climate-related disasters from taxpayers and onto the corporate polluters whose products are driving climate breakdown, according to environmental advocacy groups.

“The ‘polluter pays’ principle is the bedrock of the environmental movement,” said Johanna Miller, energy and climate program director at the Vermont Natural Resources Council. “With the enactment of the Climate Superfund Act, Vermont is demonstrating that it values Vermonters and their pocketbooks over Big Oil profits.”

April 19, 2024

EPA moves to make polluters foot the bill for PFAS cleanup

By Shannon Kelleher

US regulators on Friday finalized a rule designating two widespread PFAS chemicals as hazardous substances, a step they say will ensure polluters pay to clean up contamination and reduce Americans’ exposure to the toxic chemicals.

Under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund law, the rule will require leaks and spills of these per- and polyfluoroalkyl substances (PFAS) to be immediately reported and will enable investigation and cleanup of the chemicals.

The finalized rule “enables the agency to use one of its strongest enforcement tools to compel polluters to pay for or conduct investigations and cleanup, rather than taxpayers,” said the US Environmental Protection Agency (EPA) in a press release. “Designation is especially important as delay in addressing contamination allows PFOA and PFOS more time to migrate in water and soil, worsening existing contamination.”

“This is great news for the many communities grappling with PFAS contamination – many of which are also low income and communities of color,” said Tracey Woodruff, an environmental health researcher at the University of California, San Francisco and a former EPA senior scientist.

The move comes days after the EPA announced the nation’s first legally enforceable drinking water limits for the same chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), along with four other PFAS.

So-called “forever chemicals,” which do not break down naturally, have been used for decades in consumer products ranging from nonstick pans to waterproof clothes and stain resistant carpet. Exposure to PFAS has been linked to cancers, liver and heart problems, and immune and developmental damage in children, according to the EPA. The chemicals are found in the blood of almost all Americans.

March 21, 2024

Warnings of a “wave of lawsuits” as PFAS exemption debated

By Shannon Kelleher

Representatives of US water and waste systems told US lawmakers this week that hundreds of such operations across the nation could face unintended and overwhelming liabilities unless they are exempted from a proposal that would designate two types of per- and polyfluoroalkyl substances (PFAS) as hazardous substances.

The rule proposed by the Environmental Protection Agency (EPA) sets up “multiple avenues to drag innocent parties into extremely costly and complex litigation,” Michael Witt, a lawyer speaking on behalf of a coalition of water groups, told members of the US Senate Committee on Environment and Public Works in a hearing Wednesday.

Witt was one of multiple witnesses to address the committee on the hotly contested issue of how the government should address widespread PFAS environmental contamination. The EPA said in 2022 that it was preparing to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) because they present “a substantial danger to human health or welfare and the environment.”

Such a designation allows the government to order responsible parties to clean up the environmental contamination and bear the costs of mitigation. The “polluter pays’ model is a core principle of CERCLA.

The debate now underway is about whether to provide an exemption from liability for “passive receivers” of PFAS – entities that don’t make or use PFAS but wind up with the chemicals in their water, land and waste. The EPA has said it won’t assign liability to passive receivers, but Witt and others speaking at the hearing said there is still concern that such entities could become embroiled in lawsuits over chemicals they never used or produced.