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.
Steven Barringer counsels clients on federal legislative, agency and regulatory strategy as well as other governmental relations matters. He focuses his environmental practice on solid and hazardous waste management and disposal, mercury use and disposal regulation, mining and public lands law, regulation of toxic substances, reporting requirements for toxic chemicals, and environmental remediation.
Very thorough and insightful presentation.