CERCLA / Superfund

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, is the primary U.S. federal law governing the investigation and cleanup of sites contaminated with hazardous substances and the liability of responsible parties.

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9 May 2026, 13:26

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Latest CERCLA / Superfund alerts

The most recent regulatory and guidance signals tracked by Foresight

EPA Begins Review of Four Superfund Cleanups in the Nation’s Heartland

In May 2026, EPA Region 7 launched statutory Five-Year Reviews of cleanup remedies at four Superfund sites in Missouri and Iowa. These reviews signal continued federal scrutiny of remedy performance and could lead to adjustments where existing cleanups no longer provide adequate protection for local communities and the environment.

epa.govUnited StatesUnited States

US DOJ Seeks Comment on Second CERCLA Consent Decree Modification for Old Minot Landfill Superfund Site, North Dakota

The US Department of Justice has lodged a proposed second modification to a CERCLA consent decree for the Old Minot Landfill Superfund Site in North Dakota and opened a 30-day public comment period following its 30 April 2026 Federal Register notice. The change would permit recreational reuse of the remediated landfill and refine technical settlement terms, signalling potential flexibility in Superfund land-use controls and offering precedent for future site-reuse negotiations.

federalregister.govUnited StatesUnited States

Hawaii Legislature Adopts PFAS and Red Hill Water Contamination Resolutions

In late April 2026, the Hawaii Legislature adopted two concurrent resolutions urging the U.S. Department of Defense to revisit PFAS-related site closure decisions under CERCLA and to extend and improve health care support for those affected by the Red Hill water contamination crisis. While non-binding, these measures heighten political pressure on federal agencies to tighten PFAS remediation standards and maintain long-term medical and clean-up commitments at defence-related contamination sites, which could foreshadow stricter regulatory and liability expectations.

capitol.hawaii.govUnited StatesUnited States

US EPA Seeks Comment on Interim Groundwater Cleanup Plan for Baird & McGuire Superfund Site (Holbrook, MA)

In April 2026, US EPA proposed an interim groundwater cleanup plan for the Baird & McGuire Superfund Site in Holbrook, Massachusetts and opened a public comment period running from early May to mid-June 2026. The decision on this plan will shape long-term management of VOC, pesticide and arsenic contamination at a legacy chemical facility, so local businesses and authorities should track the final remedy and any resulting groundwater use, monitoring, or redevelopment constraints.

epa.govUnited StatesUnited States

US Senate Hearing On EPA FY2027 Budget Highlights Water, Air And Climate Stakes

A Legis1 analysis highlights a 29 April 2026 US Senate hearing on the Trump Administration’s FY2027 EPA budget request as a key moment for deciding how much federal funding will flow to water infrastructure, PFAS cleanup, Superfund remediation, and greenhouse-gas enforcement. For utilities, remediation providers, and industrial emitters, this signals sustained political contest over EPA’s role and resources rather than new obligations, but it reinforces a medium-term trajectory toward tighter water and climate controls wherever Congress maintains or redirects funding.

whitehouse.govUnited StatesUnited States

Forty-Ninth Update of the Federal Agency Hazardous Waste Compliance Docket

EPA has issued the forty-ninth update to the Federal Agency Hazardous Waste Compliance Docket, adding two federal facilities to the national list of sites with hazardous waste management or reportable releases as of early April 2026. This listing step triggers Preliminary Assessments under CERCLA and signals potential future cleanup and NPL implications that federal facility owners and nearby stakeholders should monitor.

federalregister.govUnited StatesUnited States

US House Environment Subcommittee Hearing On Environmental Laws, Critical Material Supply Chains, And TSCA

In April 2026 the US House Energy and Commerce Committee's Environment Subcommittee held a hearing on how major environmental laws including TSCA, RCRA, CERCLA, the Clean Air Act, and the Safe Drinking Water Act affect critical material and chemical supply chains. The discussion signals congressional interest in easing regulatory bottlenecks that could constrain domestic access to critical minerals and key chemistries, so compliance teams should anticipate potential proposals to streamline TSCA reviews and adjust related environmental requirements.

energycommerce.house.govUnited StatesUnited States

US DOJ Proposes CERCLA Settlement For Henderson Road And Spectron Superfund Sites

In April 2026 the US Department of Justice proposed a CERCLA bankruptcy settlement resolving EPA Superfund claims against Congoleum Corporation and related parties for cleanup costs at the Henderson Road (Pennsylvania) and Spectron (Maryland) sites, funded by Liberty Mutual and subject to a 30-day public comment period. The case highlights ongoing Superfund enforcement pressure and the use of bankruptcy settlements to crystallise historical environmental liabilities, signalling that manufacturers, site owners and insurers with legacy contamination should expect active pursuit of cost recovery at similar sites.

govinfo.govUnited StatesUnited States

D.C. Circuit Petitioners File Supplemental Authority Citing Fifth Circuit Ruling in CERCLA PFAS Designation Case

In February 2026, petitioners in Chamber of Commerce v. EPA filed a post-argument notice of supplemental authority in the D.C. Circuit CERCLA challenge to EPA’s PFOA and PFOS hazardous-substance designations, citing a recent Fifth Circuit per curiam decision vacating a DOT rule for relying on an undisclosed study. If the D.C. Circuit finds EPA likewise relied on undisclosed “critical” cost analyses, it could undermine the CERCLA listings and materially shift Superfund liability and cleanup risk for companies with PFAS-contaminated sites or operations.

jdsupra.comUnited StatesUnited States

Hawaii HCR 200 Urges US DoD to Reassess CERCLA PFAS Closure Decisions

Hawaii’s Legislature is advancing House Concurrent Resolution 200 urging the US Department of Defense to reopen and expand CERCLA investigations into PFAS contamination at military facilities, with a joint Senate committee hearing rescheduled to 21 April 2026. If adopted, this non-binding resolution will increase political pressure on the Department of Defense to revisit PFAS cleanup decisions in Hawaii, potentially reshaping remediation scope, transparency, and long-term lease negotiations at affected sites.

capitol.hawaii.govUnited StatesUnited States

US Congress Introduces Preparing Superfund for Climate Change Act of 2026 (H.R. 8296)

US lawmakers have introduced the Preparing Superfund for Climate Change Act (H.R. 8296) to amend CERCLA so that Superfund remedy selection and five-year reviews must explicitly account for climate-driven changes in local disasters and extreme weather. If enacted, this would push responsible parties and site owners to design and reassess cleanups using forward-looking climate risk scenarios, potentially tightening long-term protection standards and raising remediation costs and liabilities at contaminated sites.

congress.govUnited StatesUnited States

EPA Proposes CERCLA Settlement Requiring PFAS Treatment at Tucson International Airport Area Superfund Site

EPA has proposed a CERCLA administrative settlement requiring the City of Tucson to build a PFAS treatment system for contaminated water entering the Tucson Area Remediation Plant, with public comments due by 18 May 2026. This signals continued federal enforcement pressure on PFAS-contaminated water systems and sets expectations for similar Superfund remedies and cost-sharing arrangements at other sites.

federalregister.govUnited StatesUnited States

Hawaii Senate Schedules Hearing on PFAS CERCLA Resolution HCR200

In April 2026, the Hawaii Senate Public Safety and Military Affairs and Energy and Intergovernmental Affairs committees scheduled a joint hearing on HCR200, a resolution urging the U.S. Department of Defense to revisit PFAS-related CERCLA site closure decisions at military installations in Hawaii. If adopted, this non-binding measure would increase pressure for broader PFAS investigations, more transparent contamination data, and potentially more extensive remediation commitments that could affect future lease negotiations and cleanup expectations for federal facilities in the state.

capitol.hawaii.govUnited StatesUnited States

Hawaii SCR137 Urges DoD To Reassess PFAS CERCLA Cleanup Decisions

Hawaii legislators have introduced Senate Concurrent Resolution 137 urging the U.S. Department of Defense to reopen and expand PFAS-related CERCLA investigations and sampling at military installations across the state. While non-binding, this signals stronger political pressure for more comprehensive PFAS site characterisation, disclosure, and remediation, with potential implications for future cleanup costs, lease negotiations, and risk management around Hawaii military facilities.

capitol.hawaii.govUnited StatesUnited States

US District Court — City of San Diego Seeks Immediate Appeal on CERCLA § 9613(j) Record-Review Ruling in PFAS/PCB Cleanup Case

In April 2026, the City of San Diego asked a federal district court to certify an immediate appeal of its CERCLA-specific performance and record-review rulings in a PFAS and PCB cleanup case involving a Memorandum of Agreement with the United States. If granted and accepted, this interlocutory appeal could clarify how far CERCLA § 113(j)’s administrative-record limits reach into contract-based cleanup obligations and influence litigation strategy and evidence use in similar Superfund disputes.

storage.courtlistener.comUnited StatesUnited States

U.S. Senate Introduces Bill To Amend CERCLA To Consider Climate Change

A new U.S. Senate bill (S.4289) would amend CERCLA to require that climate change be explicitly considered in federal Superfund decisions and has just been introduced and referred to committee. Embedding climate risk into CERCLA implementation could raise cleanup expectations and long-term liability for contaminated sites, particularly in climate-exposed locations and high-impact sectors.

congress.govUnited StatesUnited States

Hawaii House Concurrent Resolution 200 Urges DoD To Reassess CERCLA PFAS Site Closures

In April 2026, Hawaii’s legislature advanced House Concurrent Resolution 200 urging the US Department of Defense to reopen past CERCLA PFAS site-closure decisions and significantly expand PFAS investigations across all military facilities in the state. If implemented, this non-binding but politically strong signal would push DoD toward more comprehensive PFAS sampling, disclosure, and remediation, with direct implications for future military land-lease negotiations and long-term cleanup liabilities in Hawaii.

capitol.hawaii.govUnited StatesUnited States

US Federal Court CERCLA Lawsuit Targets Arcwood Over PFAS-Contaminated Weirton Drinking Water

In April 2026, the Weirton Area Water Board and City of Weirton filed a federal CERCLA lawsuit alleging that Arcwood’s hazardous-waste incinerator contaminated their Ohio River drinking-water sources with PFAS and seeking recovery of substantial treatment and remediation costs. The case underscores mounting litigation and liability risk for PFAS emitters and waste handlers, and signals that downstream water utilities may aggressively pursue upstream polluters to fund compliance with new US PFAS drinking-water standards.

courtlistener.comUnited StatesUnited States

US DOJ and Montana Propose CERCLA Consent Decree for Lockwood Solvent Site

The US Department of Justice and Montana authorities have proposed a multi-million dollar environmental settlement to fund the long-term remediation of the Lockwood Solvent Superfund Site through a bankruptcy trust. This settlement establishes a clear funding mechanism for legacy contamination liabilities, reducing direct enforcement risks for the involved entities while shifting residual cleanup obligations to a dedicated environmental response trust.

justice.govUnited StatesUnited States

US EPA Seeks Public Comment on Proposed Cleanup Plan for Orlando Gasification Superfund Site

US EPA has proposed a deep-aquifer groundwater cleanup plan for the Orlando Gasification Superfund Site, with public comments accepted through early May 2026. The move signals continued federal enforcement of legacy environmental liabilities and the technical complexities of managing long-term benzene and VOC contamination.

epa.govUnited StatesUnited States

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