Legal, Technical, and Strategic Considerations for Environmental Justice Under CERCLA

For the last few years, environmental justice (EJ) has been one of the most visible topics in environmental protection and regulation. To date, the principal avenue for enforcement has been through permitting programs, such as those required under NEPA, the Clean Air Act, and the Clean Water Act. For attorneys working in CERCLA, EJ intersects existing provisions related to community involvement, community acceptance, and Supplemental Environmental Programs. Two requirements of the National Oil and Hazardous Substances Contingency Plan (NCP; 40CFR Chapter I, Subchapter J) are: 1) Section 300.430(e)(c), which lays out expectations for community relations during the investigation and cleanup process and 2) Section 300.430(e)(9)(iii)(I), which lists "community acceptance" as one of the 9 NCP criteria that require consideration during remedy selection. Neither requirement is new and neither requires different actions depending on a community's EJ status. Thus, whether and the extent to which EJ considerations are factored into Superfund cleanups is largely voluntary and often depends on the knowledge and engagement of the individual communities, as well as the commitment of Responsible Parties. This webinar explores the voluntary actions that may be considered for Superfund investigations and cleanup in and near communities with EJ concerns, as well as on taking a proactive approach to EJ.

Learning Objectives:

1. Review the fundamentals of EPA's EJ program

2. Identify the intersection between existing provisions of CERCLA and EJ opportunities

3. Explore technical and strategic considerations for taking action to advance EJ at Superfund sites