Old Superfund Standard Still Risky Despite EPA Assurances
By Sean McLernon
Law360, New York (January 14, 2014, 3:14 PM EST) -- The U.S. Environmental Protection Agency's recent decision to keep a Superfund assessment standard in place provides flexibility for property owners and prospective site purchasers, but attorneys say using the old standard when a newer version is available could leave landholders vulnerable during litigation.
A direct final rule issued by the EPA on Dec. 30 approves a new standard for assessing health and environmental risks of potentially contaminated properties but allows a 2005 standard as well, at least for the time being. The agency said it will...