How is CERCLA unique as compared to other environmental statutes? (write in your own words) Solution Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). 42 U.S.C. §1906 et seq. Also known as \"Superfund\", CERCLA is aimed at cleaning up sites contaminated with hazardous waste, and prevent contamination of future sites by assigning liability to parties involved. The liability requires the parties to pay for the clean up of the sites. A part of Environmental Law. Response Actions Scope of Liability CERCLA casts a wide net in bringing in responsible parties. Through the broad definition of hazardous substance (§101(14) - liability is extended to anything that presents an \"imminent and substantial danger\"), the loose interpretation of \"release\" (there is no time constraint on this) and the wide scope of liability (each party involved may be responsible for the entire clean up) the statute seeks to fund the clean up of these sites. Although there have been challenges to the apparently retroactive nature of this (because people are being held liable for actions that predate the statute), the courts have held that as the waste is continuing to cause problems, and the statute is not a punishment but rather a reimbursement obligation, the statute is not retroactive, and thus not unconstitutional. (US v. Monsanto, 858 F. 2d 160 (4th Cir. 1988)). (Note: additional challenges under the commerce clause have been rejected as well. See US v. Olin (107 F.3d 1506 (11th Cir. 1997)). Defenses Although CERCLA imposes Strict Liability as well as Joint and Several Liabilities, creating major liability for involved parties, there are limited defenses available to avoid CERCLA liability. Brownfields An unintended consequence of CERCLA was that that developers refuse to purchase and attempt to clean brownfields for fear of taking on liability. To overcome this, in §107( r) was added to protect developers and encourage them to clean up brownfields. This prevents liability being assigned to a bona fide prospective purchaser, so long as they do not impede the performance of a response action or natural resource restoration. .

1. How is CERCLA unique as compared to other environmental statutes? (write in your own
words)
Solution
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). 42
U.S.C. §1906 et seq.
Also known as "Superfund", CERCLA is aimed at cleaning up sites contaminated with
hazardous waste, and prevent contamination of future sites by assigning liability to parties
involved. The liability requires the parties to pay for the clean up of the sites. A part of
Environmental Law.
Response Actions
Scope of Liability
CERCLA casts a wide net in bringing in responsible parties. Through the broad definition of
hazardous substance (§101(14) - liability is extended to anything that presents an "imminent
and substantial danger"), the loose interpretation of "release" (there is no time constraint on
this) and the wide scope of liability (each party involved may be responsible for the entire clean
up) the statute seeks to fund the clean up of these sites. Although there have been challenges to
the apparently retroactive nature of this (because people are being held liable for actions that
predate the statute), the courts have held that as the waste is continuing to cause problems, and
the statute is not a punishment but rather a reimbursement obligation, the statute is not
retroactive, and thus not unconstitutional. (US v. Monsanto, 858 F. 2d 160 (4th Cir. 1988)).
(Note: additional challenges under the commerce clause have been rejected as well. See US v.
Olin (107 F.3d 1506 (11th Cir. 1997)).
Defenses
Although CERCLA imposes Strict Liability as well as Joint and Several Liabilities, creating
major liability for involved parties, there are limited defenses available to avoid CERCLA
liability.
Brownfields

2. An unintended consequence of CERCLA was that that developers refuse to purchase and attempt
to clean brownfields for fear of taking on liability. To overcome this, in §107( r) was added to
protect developers and encourage them to clean up brownfields. This prevents liability being
assigned to a bona fide prospective purchaser, so long as they do not impede the performance of
a response action or natural resource restoration.