III. (§7.3) Comprehensive Environmental Response, Compensation, and Liability Act of 1980
Generally referred to as Superfund or CERCLA, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 represents a framework for the resolution of the unauthorized or uncontrolled release of a hazardous substance into the environment. As one court recently observed in Exxon Mobil Corp. v. United States, 108 F. Supp. 3d 486, 491 (S.D. Tex. 2015), Congress enacted CERCLA in 1980 “‘in response to the serious environmental and health risks posed by industrial pollution’” (quoting Burlington N. & Santa Fe Ry. Co. v. United States, 556 U.S. 599, 602 (2009)); see also CTS Corp. v. Waldburger, 134 S. Ct. 2175, 2180 (2014); United States v. Bestfoods, 524 U.S. 51, 55 (1998). “The Act was designed to promote the “‘timely cleanup of hazardous waste sites’” and to ensure that the costs of such cleanup efforts were borne by those responsible for the contamination.” Burlington N., 556 U.S. at 602. As amended by SARA (Superfund Amendments and Reauthorization Act of 1986), Pub. L. No. 99–499, 100 Stat. 1613, CERCLA provides several alternative means for cleaning up contaminated property. CERCLA §§ 104 and 106 provide for federal abatement and enforcement actions to compel cleanup of contaminated sites. See 42 U.S.C. §§ 9604, 9606(a). CERCLA § 107(a)(4), 42 U.S.C. § 9607(a)(4), states that...
