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About CERCLA
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Comprehensive Environmental Response, Compensation, and Liability Act. The selection of decisions spans from 2013 to the date of publication. Congress enacted CERCLA, 42 U.S.C. §§ 9601-75, in 1980 "in response to the serious environmental and health risks posed by industrial pollution." United States v. Bestfoods, 524 U.S. 51, 55, 118 S.Ct. 1876, 141 L.Ed.2d 43 (1998) (citing Exxon Corp. v. Hunt, 475 U.S. 355, 358-59, 106 S.Ct. 1103, 89 L.Ed.2d 364 (1986)). Congress thereby sought "to promote the timely cleanup of hazardous waste sites and to ensure that the costs of such cleanup efforts [a]re borne by those responsible for the contamination." Burlington N. & Santa Fe Ry. Co. v. United States, 556 U.S. 599, 602, 129 S.Ct. 1870, 173 L.Ed.2d 812 (2009) (internal quotation marks and citation omitted). The statute imposes strict liability for environmental remediation, assigning responsibility for cleaning up even pollutants disposed of according to then-acceptable practices before they were known to be hazardous. Lockheed Martin Corp. v. US, 833 F. 3d 225 (DC Cir. 2016). Congress enacted CERCLA to facilitate the remediation of hazardous waste sites and the resolution of liability for the related costs, especially through negotiated settlements. Chubb Custom, 710 F.3d at 956. One of the ways CERCLA achieves these goals is by allowing a party who remediates a hazardous waste site to obtain reimbursement of its expenses from those responsible for the pollution. See id. at 956-57. Whittaker Corporation v. US, 825 F. 3d 1002 (9th Circuit 2016).
