Message from the Chair

Jeffrey M. Pollock

The Superfund and Hazardous Waste Committee is pleased to provide you with its most recent edition. Bruce Howard of Latham & Watkins LLP has done an outstanding job in pulling together the following:

1. A great summary of the detailed discussions at Keystone regarding developments in the RCRA and CERCLA programs (written by Kenneth F. Gray, Esq., Pierce Atwood);
2. An analysis of the growing trend to seek Natural Resource Damages (NRDs) (written by Daniel W. Smith, Ph.D., Conestoga Rovers);
3. An insightful critique of the proposed windfall lien guidance (Carl H. Helmstetter, Esq., Spencer Fane Britt Browne);
4. Some very thoughtful concerns and comments regarding the U.S. EPA’s recent Common Elements guidance (Bruce Howard, Latham & Watkins LLP);
5. Timely commentary on the U.S. EPA’s recent proposal to change its risk values for trichlorethylene (TCE). (Lisa Binder and Maria Hoye, Latham & Watkins LLP).

I trust that you will all appreciate Bruce’s efforts as well when you have the opportunity to read the articles in this edition of the Committee’s newsletter.

In addition to providing an overview of what’s included in this edition of the newsletter, I want to also reiterate that this is your Committee and your Newsletter. Please participate. There are a great number of recent initiatives affecting Superfund and RCRA practitioners. For example, Administrator Whitman announced last week the One Cleanup program, which aims to synthesize the RCRA and CERCLA programs. In addition, the U.S. EPA has announced the Land Revitalization Agenda, which aims in part to bring RCRA, CERCLA, and UST sites squarely into the Brownfields programs. Both of these recent initiatives are part of the U.S. EPA’s concerted effort to really make the Brownfields program work – and in particular to make Brownfields work for Superfund and Hazardous Waste practitioners. If you have concerns or comments about the recent U.S. EPA efforts to expedite development of contaminated properties, why not share them with the Committee? We are interested in hearing your views and each of us benefit by considering the thoughts of our fellow Committee members.

I hope to hear from you and would welcome your thoughts on how this Committee can better serve you. I can be contacted at 973/643-5251 or jpollock@sillscummis.com.