Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) | Practical Law

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) | Practical Law

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)
Glossary

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)

Also known as Superfund. Legislation granting the federal government wide-reaching authority to clean releases of hazardous substances that threaten the environment or public health (42 U.S.C. §§ 9601 to 9675). It authorizes the Environmental Protection Agency (EPA) to identify the entity or individual responsible for site contamination and compel that entity or individual to clean it. A special trust fund is established to clean sites when the EPA cannot find the responsible party. The two response actions under the statute are:
  • Removal actions (in emergency short-term situations that pose direct risks to human health).
  • Remedial actions (where a longer-term cleanup is needed, such as preventing a future migration of pollutants).
For more information, see Practice Note, Environmental Law: Overview.