Section 20 Settlements

• Library: Environmental Law 2007 Supp

On February 25, 1998, EPA revised the model consent decree for CERCLA settlements to ensure enforcement of institutional controls in the event the site is transferred. See 63 Fed. Reg. 9541 (Feb. 25, 1998).

On August 3, 2005, EPA issued revised model administrative orders on consent to address concerns raised by the United States Supreme Court’s holding in Cooper Industries, Inc. v. Aviall Services, Inc., 543 U.S. 157, 166 (2004). The modified orders now clearly state that the settling PRP has resolved...