THIS CASEBOOK contains a selection of 131 U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. The selection of decisions spans from 2003 to the date of publication.
Congress enacted CERCLA "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. & Santa Fe Ry. Co. v. United States, 556 U.S. 599, 602, 129 S.Ct. 1870, 173 L.Ed.2d 812 (2009) (internal quotation marks and citation omitted). CERCLA vests in EPA "'broad power to command government agencies and private parties to clean up hazardous waste sites' by or at the expense of the parties responsible for the contamination." Gen. Elec. Co. v. Envtl. Prot. Agency, 360 F.3d 188, 189 (D.C.Cir.2004) (quoting Key Tronic Corp. v. United States, 511 U.S. 809, 814, 114 S.Ct. 1960, 128 L.Ed.2d 797 (1994)). CERCLA also authorizes EPA to undertake "response actions"—using funds from the Hazardous Substance Superfund—when there is a release or substantial threat of release of a hazardous substance, pollutant, or contaminant. Id. (citing 42 U.S.C. § 9604); see also 42 U.S.C. § 9611; 26 U.S.C. § 9507; El Paso Natural Gas Co. v. United States, 750 F.3d 863, 874-75 (D.C.Cir.2014); Superfund Implementation, Exec. Order No. 12,580, 52 Fed. Reg. 2923 (Jan. 23, 1987). EPA may either replenish the expended funds through a cost recovery action against the parties responsible for the release, 42 U.S.C. § 9607(a), or seek to require the responsible parties themselves to undertake response actions through an administrative or court order. Id. § 9606(a). In re Idaho Conservation League, 811 F. 3d 502 (DC Cir. 2016).
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Congress enacted CERCLA, 42 U.S.C. §§ 9601-75, in 1980 "in response to the serious environmental and health risks posed by industrial pollution." United States v. Bestfoods, 524 U.S. 51, 55 (1998) (citing Exxon Corp. v. Hunt, 475 U.S. 355, 358-59 (1986)). . . . The statute imposes strict liability for environmental remediation, assigning responsibility for cleaning up even pollutants disposed of according to then-acceptable practices before they were known to be hazardous. Lockheed Martin Corporation v. US, (DC Cir. 2016).
CERCLA section 107 creates a cause of action through which entities that have incurred costs cleaning up contaminated sites may sue to recover cleanup costs from parties that may have played a role in causing the pollution, whom CERCLA refers to as potentially responsible parties (PRPs). See United States v. Atl. Research Corp., 551 U.S. 128, 135-36 (2007). Lockheed Martin Corporation v. US, ibid.
CERCLA also codifies in a number of provisions a general principle of avoiding double recovery of response costs. See, e.g., 42 U.S.C. § 9607(f)(1) (prohibiting "double recovery under this chapter for natural resource damages"); id. § 9612(f) (prohibiting double recovery out of CERCLA's Superfund for any response costs); id. § 9613(f)(2) (reducing PRP liability for CERCLA response costs by dollar amount of settlements paid on the same matter to the state or federal government). . . . Section 114(a) defines CERCLA's relationship to other law, including non-preemption of state tort or environmental law beyond the liability CERCLA imposes, and coordination with other federal laws. Section 114(b), in turn, states that "[a]ny person who receives compensation for removal costs or damages or claims pursuant to any other Federal or State law shall be precluded from receiving compensation for the same removal costs or damages or claims as provided in this chapter." Id. § 9614(b). Lockheed Martin Corporation v.
Congress enacted CERCLA "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. & Santa Fe Ry. Co. v. United States, 556 U.S. 599, 602, 129 S.Ct. 1870, 173 L.Ed.2d 812 (2009) (internal quotation marks and citation omitted). CERCLA vests in EPA "'broad power to command government agencies and private parties to clean up hazardous waste sites' by or at the expense of the parties responsible for the contamination." Gen. Elec. Co. v. Envtl. Prot. Agency, 360 F.3d 188, 189 (D.C.Cir.2004) (quoting Key Tronic Corp. v. United States, 511 U.S. 809, 814, 114 S.Ct. 1960, 128 L.Ed.2d 797 (1994)). CERCLA also authorizes EPA to undertake "response actions"—using funds from the Hazardous Substance Superfund—when there is a release or substantial threat of release of a hazardous substance, pollutant, or contaminant. Id. (citing 42 U.S.C. § 9604); see also 42 U.S.C. § 9611; 26 U.S.C. § 9507; El Paso Natural Gas Co. v. United States, 750 F.3d 863, 874-75 (D.C.Cir.2014); Superfund Implementation, Exec. Order No. 12,580, 52 Fed. Reg. 2923 (Jan. 23, 1987). EPA may either replenish the expended funds through a cost recovery action against the parties responsible for the release, 42 U.S.C. § 9607(a), or seek to require the responsible parties themselves to undertake response actions through an administrative or court order. Id. § 9606(a). In re Idaho Conservation League, 811 F. 3d 502 (DC Cir. 2016).
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Congress enacted CERCLA, 42 U.S.C. §§ 9601-75, in 1980 "in response to the serious environmental and health risks posed by industrial pollution." United States v. Bestfoods, 524 U.S. 51, 55 (1998) (citing Exxon Corp. v. Hunt, 475 U.S. 355, 358-59 (1986)). . . . The statute imposes strict liability for environmental remediation, assigning responsibility for cleaning up even pollutants disposed of according to then-acceptable practices before they were known to be hazardous. Lockheed Martin Corporation v. US, (DC Cir. 2016).
CERCLA section 107 creates a cause of action through which entities that have incurred costs cleaning up contaminated sites may sue to recover cleanup costs from parties that may have played a role in causing the pollution, whom CERCLA refers to as potentially responsible parties (PRPs). See United States v. Atl. Research Corp., 551 U.S. 128, 135-36 (2007). Lockheed Martin Corporation v. US, ibid.
CERCLA also codifies in a number of provisions a general principle of avoiding double recovery of response costs. See, e.g., 42 U.S.C. § 9607(f)(1) (prohibiting "double recovery under this chapter for natural resource damages"); id. § 9612(f) (prohibiting double recovery out of CERCLA's Superfund for any response costs); id. § 9613(f)(2) (reducing PRP liability for CERCLA response costs by dollar amount of settlements paid on the same matter to the state or federal government). . . . Section 114(a) defines CERCLA's relationship to other law, including non-preemption of state tort or environmental law beyond the liability CERCLA imposes, and coordination with other federal laws. Section 114(b), in turn, states that "[a]ny person who receives compensation for removal costs or damages or claims pursuant to any other Federal or State law shall be precluded from receiving compensation for the same removal costs or damages or claims as provided in this chapter." Id. § 9614(b). Lockheed Martin Corporation v.
