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Introduction to the 2021 Streamlined Model RD/RA Consent Decree and Statement of Work, 10/12/2021

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On August 31, 2021 the U.S. Environmental Protection Agency (EPA) and the Department of Justice (DOJ) issued an updated version of its Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly known as Superfund) model remedial design/remedial action (RD/RA) consent decree (CD) and accompanying statement of work (SOW). These documents serve as the basis for negotiating cleanup work agreements with potentially responsible parties at Superfund sites. On October 12 presenters will provide an overview of the updated model documents, an explanation of the key revisions including some enhanced community involvement provisions, and a demonstration of new tools that will allow drafting attorneys to easily modify the consent decree for particular situations (e.g., operable unit v. site wide CD). Superfund practitioners, community groups, and other interested stakeholders will gain important insight into the development of these new models and the impact on the negotiation process.

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