Also found in: Financial.
CERCLAComprehensive Environmental Response, Compensation, and Liability Act of 1980 (aka SuperFund)
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The EPA reasoned that the proposed rule ignored the fact that modern management practices and modern environmental regulations reduce the risk of tax-payer funded cleanups; that mines likely to cause catastrophic releases are no longer in operation; and that the majority of CERCLA cleanup costs being incurred in connection with hardrock mining are to address legacy contamination and not releases from currently operating mines.
If some wondered whether the EPA's decision shut the door for good on CERCLA financial responsibility requirements for hardrock mines, that question was promptly answered as several environmental organizations filed suit in the U.S.
Since its adoption, CERCLA has been the subject of substantial, ongoing litigation.
This Article examines the relationship between the conditional status of innocence CERCLA offers under the contiguous property owner provision and the Fifth Amendment right of landowners to receive just compensation for governmental taking of private property.
Nearly four decades after CERCLA's enactment, better tools, information, and options exist to successfully address problem sites.
The goal of CERCLA, and environmental law and policy in general, is the protection of public health and the environment.
under CERCLA seeking reimbursement from the parties responsible for
identified the CERCLA program as among those he supports, (18) it's
In 2009, several environmental groups sued the EPA, attempting to use CERCLA to subject classes of facilities within the hard rock mining industry to additional financial responsibility requirements.
(Teck), the plaintiffs argued that Teck should be held liable for disposal under CERCLA as a result of its air emissions.
"As its name implies, CERCLA is a comprehensive statute that grants