CERCLA 108(b) Financial Assurance: Next Steps

Driven by a D.C. Circuit Court order, the EPA was on track to impose financial assurance requirements – pursuant to CERCLA Section 108(b) of the statute – on the Hardrock Mining industry, and then to follow with financial assurance requirements for three more industries that the EPA believes pose the highest risks of Superfund cleanups: Chemical Manufacturing, Petroleum and Coal Products Manufacturing, and Electric Power Generation, Transmission and Distribution industries. However, in February 2018, the EPA decided not to finalize its proposed rule for hardrock mining. Environmental groups challenged the decision in the D.C. Circuit Court of Appeals.

The course, led by attorney Steve Barringer, will explore the EPA's decision not to finalize the hardrock mining rule and evaluate the implications of that decision, including the prospect for future rule-making activity (depending on the D.C. Circuit's ruling) targeting mining and other industries.

Learning Objectives:

1. Break down CERCLA Section 108(b)
2. Identify the four industries that the EPA believes pose the highest risks of Superfund cleanups: Hardrock Mining, Chemical Manufacturing, Petroleum and Coal Products Manufacturing, and Electric Power Generation, Transmission and Distribution
3. Explore the EPA's recent decision not to finalize the hardrock mining rule
4. Evaluate the implications of that decision
5. Discuss future rule-making activity