Dioxin: Regulatory Developments

June 21, 2016 | Commercial Litigation | Complex Torts & Product Liability

EPA Proposal to Remove Wildwood Site from NPL Continues to Stir Community

The recent proposal by the U.S. Environmental Protection Agency (“EPA”) to remove an eight acre area known as the Callahan property of the Ellisville Superfund Site located in Wildwood, Missouri, from the National Priorities List (“NPL”) continues to stir the community.

Background

In its proposal, the EPA said that it and the State of Missouri, through the Missouri Department of Natural Resources, had determined that all appropriate response under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) had been completed at the property. The site was added to the NPL in 1983.

Local Views

The St. Louis Post-Dispatch recently reported that the property may be developed for residential use but that local residents are concerned that the property continues to be contaminated – even though the EPA has said that the property is not contaminated.

Some local government officials, too, have not been persuaded by the EPA and have asserted that the soil should be “properly evaluated for dioxin impacts.”

An EPA engineer for the site told the newspaper that environmental covenants would ensure that an area near the site that has dioxin would not be developed into homes.

The EPA’s cleanup of the site has cost approximately $18.6 million.

Learn more: “EPA Proposes to Remove Missouri Property from NPL,” at http://www.rivkinradler.com/publications/dioxin-regulatory-developments/.

For further information, please contact James V. Aiosa, Paul V. Majkowski, Lawrence S. Han, or your regular Rivkin Radler attorney.

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