EPA Signals Shift In Superfund Decision-Making

Originally published by Environmental Law360 & Product Liability Law360

On May 9, U.S. Environmental Protection Agency Administrator Scott Pruitt issued a memorandum withdrawing authority from EPA regional offices to make final decisions on Comprehensive Environmental Response, Compensation, and Liability Act remedies with an estimated cost exceeding $50 million ¹ According to the delegation memo, decisions on remedies exceeding $50 million can now be made only by the EPA administrator or the deputy administrator, but may not be further delegated to the assistant administrator for Office of Land and Emergency Management (OLEM) or to the regional administrators.

The delegation memo signals a potentially significant shift within the EPA to centralize decision-making on major Superfund remedies. Moreover, as discussed below, the Trump administration's apparent effort to centralize decision-making is an important development in the broader context of