Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA / Superfund)

📌 Link to the Text of the Act

Read the statute (42 U.S.C. § 9601 et seq.)

📌 Why It Was Done

CERCLA, known as Superfund, was enacted in response to toxic waste disasters (e.g., Love Canal). It created a federal program to identify, clean up, and hold polluters financially responsible for contaminated sites.

📌 Pre-existing Law or Constitutional Rights

While RCRA (1976) regulated ongoing waste management, there was no framework to address abandoned or historic contamination. CERCLA filled that gap.

📌 Overreach or Proper Role?

Supporters argue it holds polluters accountable. Critics say liability provisions are overly broad and have led to endless litigation, sometimes bankrupting businesses only tangentially involved.

📌 Who or What It Controls

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  EPA (administers Superfund program)
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  Polluting companies (strict, retroactive, and joint liability for cleanup)
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  Property owners (can be held liable even if they did not cause contamination)
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  Federal and state governments (partner in site remediation)

📌 Key Sections / Citations

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  42 U.S.C. § 9604: Federal authority for response actions
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  42 U.S.C. § 9607: Liability of responsible parties
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  42 U.S.C. § 9611: Superfund trust fund financing

📌 Recent Changes or Live Controversies

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  Funding lapsed for years; Superfund tax reinstated in 2021 (Infrastructure Act)
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  Ongoing debates over cleanup delays and fairness of liability rules
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  Increasing focus on PFAS (“forever chemicals”) as potential CERCLA targets

📌 Official Sources

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  Congress.gov – CERCLA 1980
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  EPA – Superfund Overview
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  42 U.S.C. § 9601 et seq. – U.S. Code