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CERCLAComprehensive Environmental Response, Compensation, and Liability Act of 1980 (aka SuperFund)
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and 2007, the number of CERCLA cases filed annually decreased by about
Since 2007, the success of the settlement approach to CERCLA has
Teck), the plaintiffs argued that Teck should be held liable for disposal under CERCLA as a result of its air emissions.
A company can be held liable under CERCLA if it owns or operates a facility where a disposal of hazardous substances has occurred (or formerly owned or operated the facility at the time of the disposal); if it transports hazardous substances for disposal; or if it arranges for disposal.
Congress adopted CERCLA, an omnibus federal hazardous clean-up and cost recovery statute, including section 309 (also known as section 9658), which contains a "discovery rule"; this means that the time period in which plaintiffs must file a claim does not begin to run until they knew or should have known that the release caused their damages.
The Knowledge Group has assembled a panel of key thought leaders to provide the audience with an in-depth analysis of CERCLA in relation to property damage and personal injury claims which are currently under the scrutiny of the Supreme Court.
Indeed, pursuant to CERCLA Section 127, "recycled material" that was delivered to a site pursuant to a "recycling transaction" is exempt from liability.
CERCLA established a broad liability scheme that holds both past and current owners and operators of contaminated facilities financially responsible for the costs of cleanup.
The nature of the federal CERCLA regime is relevant to the contractual interpretation issues.
18) While a defendant might escape liability in limited circumstances, (19) courts generally construe the terms of CERCLA liberally, so as to accomplish the statute's goal of effective environmental protection.
CERCLA contains several mechanisms designed to ensure cleanup of