Can the EPA choose not to pursue certain potentially responsible parties?
Yes, in an enforcement action, the EPA may choose not to pursue certain potentially responsible parties. For example, the EPA's de minimis and de micromis policies allow the agency some flexibility in negotiating settlements. Such "enforcement discretion" allows the EPA to choose to pursue those PRPs the agency has reason to believe can perform the necessary work.
More information on unique parties under Superfund liability and identifying and negotiating with PRPs is available on EPA's Superfund enforcement website.
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