A coalition of conservationists including Earthjustice, the Sierra Club, Idaho Conservation League, Great Basin Resource Watch and Amigos Bravos filed suit in California against the U.S. Environmental Protection Agency for failing to pass needed regulations and otherwise allowing unreasonable delays in the cleanup of hazardous materials like asbestos. Although Congress in the original 1980 Superfund legislation mandated that the EPA draft regulations requiring “high-risk” companies to show that they have the financial resources to clean up any hazardous releases and to maintain assets for any needed cleanup, those regulations still don’t exist. The lawsuit demands that the court require the EPA to draft those regulations now. Without these regulations, companies have been able to use bankruptcies to avoid and delay paying for cleanups, such as W.R. Grace’s 2001 bankruptcy delayed efforts to clean up the asbestos contamination in Libby, Montana. Public funds can’t handle the job alone because the Superfund tax expired years ago, and the fund is out of money. Conservationists argue that the regulations would both assure funds are available for timely cleanups and provide increased incentives for companies to avoid environmental releases.
For the full story, go to the Helena Independent Record.






