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Enforcement

Guidance: Clarification of Superfund Entry Policy

Memorandum provides regional counsel with a clarification to EPA's 6/5/1987 access policy regarding the savings provision in section 104(e)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund). Issued 3/3/2010.

The clarification memorandum explicitly confirms that the 1987 policy permits use of any lawful means of securing access under Section I04(e)(6), as recognized by federal courts.
 
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