The audience is Tribal environmental professionals, attorneys, and leaders. We will discuss the importance of the Superfund 5 Year Review process (5-YR) and how it can be used to inform the Tribe of remedy failure and recontamination concerns and provide the Tribe with sampling data to support supplemental remedial actions and/or assert uncompensated natural resource damage (NRD) claims. Two recent Superfund Site 5-YRs will be discussed from the remedial action and natural resource damage perspective. We will discuss the role of 5-YRs in identifying emerging contaminants (e.g. PFAs) and possible legal implications where consent decrees were issued subject to re-openers for new contaminants or uncompensated NRD where the court has continuing jurisdiction. Links to all key documents discussed will be available.
