CERCLA Litigation Watch on Subsurface Intrusion NPL Site

This case study analyzes the D.C. Circuit's ruling in Meritor, Inc. v. EPA, which upheld the EPA's National Priorities List (NPL) listing of the Rockwell Site based on subsurface intrusion risks. The decision raises critical concerns about the application of health benchmarks and the consideration of mitigation measures in environmental assessments. Industry stakeholders should be aware of the implications for vapor intrusion management and the potential reputational impact of NPL listings.