Readying For CERCLA Financial Assurance

Law360, New York (March 31, 2009, 12:00 AM EDT) -- On Feb. 25, 2009, a U.S. federal district court judge ruled that the U.S. Environmental Protection Agency must identify industries that would be subject to future financial assurance regulations under the Comprehensive Environmental Recovery and Liability Act (CERCLA).[1]

The court ordered that EPA must publish the classes of facility that will be subject to future CERCLA financial assurance requirements by May 4, 2009. No financial assurance regulations currently exist for the CERCLA regime and this order represents the first step towards their promulgation.

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