CERCLA Cleanup at Federal Facilities: The Misunderstood Relationship Between Sections 104, 113(h), and 120
Editors' Summary: In 1986, in an effort to expedite cleanups at Superfund sites, Congress enacted SARA, which among other things added §113(h) to CERCLA. Section §113(h) bars "preenforcement" challenges to response actions under §104 and cleanup orders issued under §106. SARA also amended CERCLA by adding §120, which provides for cleanup at federal facilities. Although §113(h) does not explicitly apply to §120 cleanups, the question has arisen whether it nevertheless does apply to them.