On July 29, 2019, as part of a Superfund Task Force effort, US EPA updated its “common elements” memo with more guidance on steps landowners and tenants must follow in order to secure CERCLA cleanup exemptions. The guidance only provides information to EPA enforcers in the exercise of their enforcement discretion and encourages reuse and redevelopment of brownfields. In other words, though it is a noble memo, courts (unless persuaded by EPA’s views) or potentially responsible or liable parties may disagree with EPA in any litigation. Continue reading >