On May 13, 2019, U.S. EPA announced that it is adding seven sites to the Superfund National Priorities List (NPL), which includes the most serious contaminated sites in the country. EPA uses the NPL as a basis for prioritizing contaminated site cleanup funding and enforcement activities.
The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA a/k/a Superfund) requires EPA to create a list of national priorities among sites with known releases or threatened releases of hazardous substances throughout the United States, and update that list every year. EPA has established a Hazard Ranking System (HRS) screening tool, which EPA uses, along with public comments, to determine which contaminated sites should be on the NPL.
Under the Trump Administration, EPA has expressed a renewed focus on contaminated site cleanup, declaring the Superfund program to be a “cornerstone” of EPA’s core mission to protect human health and the environment. EPA Administrator Andrew Wheeler reiterated this focus when announcing the seven new NPL sites:
By adding these sites to the National Priorities List, we are taking action to clean up some of the nation’s most contaminated sites, protect the health of the local communities, and return the sites to safe and productive reuse. Our commitment to these communities is that sites on the National Priorities List will be a true national priority. We’ve elevated the Superfund program to a top priority, and in Fiscal Year 2018, EPA deleted all or part of 22 sites from the NPL, the largest number of deletions in one year since Fiscal Year 2005.
Currently, there are 1,344 NPL sites across the United States. The following sites are being added to the NPL per EPA’s announcement:
- Magna Metals in Cortlandt Manor, New York
- PROTECO in Peñuelas, Puerto Rico
- Shaffer Equipment/Arbuckle Creek Area in Minden, West Virginia
- Cliff Drive Groundwater Contamination in Logansport, Indiana
- McLouth Steel Corp in Trenton, Michigan
- Sporlan Valve Plant #1 in Washington, Missouri
- Copper Bluff Mine in Hoopa, California
Information about the NPL sites, including a map of all sites, is available on EPA’s website.
In the fourth installment of the Corporate Environmental Lawyer's discussion of emerging trends in Climate Change Litigation, we are highlighting the growing trend of Climate Change Shareholder Activism. While not active litigation, pressure from activist shareholders who wish to influence the environmental policy of public companies is another powerful force in the climate change litigation arena.
One notable example of this activism is the investor group Climate Action 100+. Climate Action 100+ is an investor organization consisting of over 300 institution investors who collectively manage more than $33 trillion in assets of some of the largest carbon emitting companies in the world. The organization’s stated objective is to “engag[e] companies on improving governance, curbing emissions and strengthening climate-related financial disclosures.”
While the organization was recently formed in 2017, Climate Action 100+ has already secured several victories in its attempt to influence public companies in carbon intensive industries.
- In late 2018, following negotiations with Climate Action 100+, Royal Dutch Shell announced new short-term carbon emission reduction goals in order to ensure the company stays in step with the global emissions goals set out in the Paris Accords. Shell has agreed to reduce its net emissions around 20% by 2035 and around 50% by 2015.
- In February 2019, Australia’s largest coal miner, Glencore, succumbed to shareholder pressure mounted by Climate Action 100+ and agreed to freeze its coal production at current levels. The company further announced it would take steps to increase disclosure of its emissions and environmental impacts.