CERCLA

Question 1

What is CERCLA?

Answer 1

Comprehensive Environmental Response Compensation and Liability Act, also known as Superfund. Focuses on the clean up of existing sites and creating deterrence for sloppy practices,

Question 2

What are the two sets of provisions for CERCLA?

Answer 2

Liability provision: who is liable for cleaning up sites

Remediation provision: how will the clean up proceed

Question 3

What does CERCLA regulate?

Answer 3

It regulates 4 PRPs (Potentially Responsible Parties)
1. Current owners/operators
2. Past owners/operators
3. Arrangers
Transporters

Question 4

What is the elements of liability or wheel of misfortune?

Answer 4

1. Release
2. Of a hazardous substance
3. From a facility.
4. Causing the incurrence of response costs.

Question 5

What are the 3 types of liabilities under CERCLA?

Answer 5

Strict, joint and several, and retroactive

Question 6

How does CERCLA regulate?

Answer 6

Due to the defenses of liability, it regulates under: the Act of God, Act of War, Act or omission of a third party, or for innocent landowners,

Question 7

What are the remediation provisions?

Answer 7

For removal actions, it’s usually short term and focuses on removing immediate dangers,
For remedial actions, it’s usually long term and focuses on permanently remedy at the site,

Question 8

What are the three criteria governing remediation actions?

Answer 8

1. EPA Hazard Ranking System
2. National Contingency Plan
3. Basic Standard Governing Cleanup

Question 9

What are the steps in cost recovery?

Answer 9

1. EPA can do the cleanup using funds through Superfund and then sue PRPs for cost recovery
2. EPA can order PROS to perform the cleanup, in which then these PRPs can sue other PRPS for contributions
3. PRPs can voluntarily clean up the site and then sue other PRPs for cost recovery