Comprehensive Environmental Response Compensation and Liability Act (CERCLA)
Risk and the New Rules of Decisionmaking: The Need for a Single Risk Target

New rules are emerging to change the way the government makes decisions about cleanup of hazardous waste sites under the Comprehensive Environmental Response, Compensation, and Liability Act (…

"Unringing the Bell": Overturning EPA Placement of a Site on the National Priorities List

Even if it is wrong, the U.S. Environmental Protection Agency's (EPA's) listing of a site on the national priorities list (NPL) can destroy its value, making it nearly unmarketable, and saddle…

The Superfund Reform Act of 1994: Success or Failure Is Within EPA's Sole Discretion

Editors' Summary: The Clinton Administration's proposed Superfund amendments—the Superfund Reform Act of 1994 (SRA)—were introduced in both the House and Senate in early February. Steven M.…

When Is "Leaching" Not "Leaking"? CERCLA Liability of Owners and Operators at the Time of Disposal

[T]he legislative history of CERCLA gives more insight into the "Alice-in-Wonderland"-like nature of the evolution of this particular statute than it does helpful hints on the intent of the…

Negotiating EPA Consent Orders and Consent Decrees: Steering Your Client Through the Shoals

Under the Superfund program, the U.S. Environmental Protection Agency (EPA or the Agency) faces a dilemma. The Agency wants potentially responsible parties (PRPs) to perform voluntary response…

The Reauthorization of Superfund: Can the Deal of the Century Be Saved?

The 1990s mark the end of an era when pitched legislative battles can lead to either sound or timely public policy. Rather, the formulation of consensus by a critical mass of private-sector…