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Jenner & Block: New MOU Between EPA And Kentucky

   By E. Lynn Grayson, Partner, Jenner & Bloc

EPA Region 4 and the Commonwealth of Kentucky Department of Environmental Protection (KYDEP) have entered into a Memorandum of Understanding (MOU) to support and strengthen efforts to achieve cleanups in Kentucky. The MOU is intended to help property owners, developers, consultants, public officials and the general public understand the roles and responsibilities of the EPA and the KYDEP. This includes an improved understanding of the potential utilization of the KYDEP Voluntary Environmental Remediation Program (VERP) to access and address contamination.

Kentucky is the 25th state nationally, and the second within Region 4, to have a voluntary cleanup program agreement with the EPA.

With this MOA, Kentucky and Region 4 want to ensure that the cleanup goals of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are met following timely investigation of brownfield sites. EPA will not take CERCLA Section 106 enforcement actions against parties that address pollution at brownfield sites in compliance with the KYDEP VERP.

MOUs of this nature ensure some consistency in understanding how EPA will interact in cleanup matters led by state environmental authorities and provide greater certainty as to the anticipated roles and responsibilities of federal and state officials.

E. Lynn Grayson is a partner in Jenner & Block's Chicago office and a member of the Firm's Environmental, Energy and Natural Resources Law, Climate and Clean Technology Law, Defense & Aerospace and Environmental Litigation Practices. Ms. Grayson is AV Peer Review Rated, Martindale-Hubbell's highest peer recognition for ethical standards and legal ability. Ms. Grayson has been recognized as one of The Best Lawyers in America, an Illinois Super Lawyer and Lawdragon magazine named Ms. Grayson to its "New Stars, New Worlds" list of 500 attorneys who are "carving the path to the new heights of the legal profession." Chambers USA and Leading Lawyers Network have recognized Ms. Grayson as one of the country's leading environmental lawyers as recommended by a peer review process.

Read more at Corporate Environmental Lawyer Blog by Jenner & Block LLP.

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