Define: Comprehensive Environmental Response, Compensation And Liability Act

CERCLA, also known as Superfund, is a federal law enacted in 1980 to address the cleanup of hazardous waste sites and hold responsible parties accountable for the costs associated with the cleanup.

CERCLA holds potentially responsible parties (PRPs) liable for the cleanup of hazardous waste sites. PRPs can include current and former owners or operators of the site, as well as those who contributed to the contamination.

The Environmental Protection Agency (EPA) is responsible for identifying and designating Superfund sites. The process involves conducting preliminary assessments, site inspections, and potentially listing the site on the National Priorities List (NPL) based on the severity of contamination and potential risks to human health and the environment.

Yes, CERCLA allows individuals and communities to file lawsuits to recover costs associated with the cleanup of hazardous waste sites. These lawsuits can be brought against responsible parties or potentially responsible parties.

The statute of limitations for filing a lawsuit under CERCLA is generally three years from the date of the discovery of the release or the date of completion of the cleanup, whichever occurs later. However, there are exceptions and variations depending on the circumstances, so it is advisable to consult with an attorney.

Yes, under CERCLA, parties can be held liable for cleanup costs even if they did not cause the contamination. CERCLA imposes strict liability, meaning that liability can be imposed regardless of fault or intent.

Yes, CERCLA provides certain defences for potentially responsible parties, such as the “innocent landowner” defence, which may apply if the party can demonstrate that they did not know and had no reason to know about the hazardous substances on the property at the time of acquisition.

Yes, parties that have incurred costs for cleaning up hazardous waste sites can seek reimbursement from the Superfund. However, reimbursement is subject to certain eligibility criteria and limitations.

Yes, CERCLA allows for the recovery of natural resource damages caused by the release of hazardous substances. Responsible parties can be held liable for the costs of restoring, rehabilitating, or replacing injured natural resources.

Yes, CERCLA can be enforced at both the federal and state levels. States can have their own equivalent laws and regulations that complement or supplement CERCLA, allowing them to take action to address hazardous waste sites within their jurisdictions.