The easiest solution to this problem is to amend CERCLA's requirements for the contiguous property owner defense to exclude the grant of full, perpetual access to contaminated property.
Almost as soon as CERCLA was adopted, legislators realized they had underestimated the problem posed by hazardous waste sites across the nation.
(35) SARA extended certain CERCLA initiatives and authorized extra funding over the next eight years.
CERCLA is in many ways the most complex and far-reaching of all federal and state environmental laws.
Another complex issue under CERCLA, is the assignment and apportionment of contamination cleanup costs among private and public parties.
and 2007, the number of CERCLA cases filed annually decreased by about
Since 2007, the success of the settlement approach to CERCLA has
A company can be held liable under CERCLA if it owns or operates a facility where a disposal of hazardous substances has occurred (or formerly owned or operated the facility at the time of the disposal); if it transports hazardous substances for disposal; or if it arranges for disposal.
But Teck could only be held liable under CERCLA for the costs of cleanup for the land and water where the materials came to rest if it arranged for the disposal of those materials.
All appropriate inquiry, as defined in CERCLA
, is fundamental to any deal.
parties to clean up hazardous waste sites." (3) CERCLA liability
difficult issues of how to reconcile CERCLA's liability provisions