In Defense of the Superfund Liability System: Matching the Diagnosis and the Cure

June 1997
Citation:
27
ELR 10286
Issue
6
Author
Rena I. Steinzor and Linda E. Greer

The Sad State of the Policy Debate

Over the last decade and a half, the Superfund policy debate has assumed all the characteristics of what sociologists might call a dysfunctional subculture. Inside the Washington Beltway, the same 200 people make the same arguments to each other with the same disastrous results: controversy, gridlock, and a bad name for anyone prominently associated with the program. Occasionally, the debate is treated to an infusion of fresh blood, as it was in the 1994 national election. But newcomers flush with conviction about their own ability to find a magic solution to the problem soon become mired in the tangle of conflicting interests, dueling ideologies, and—perhaps most important of all—fiscal realities. At the same time, it is impossible for most of the participants to abandon the field, either institutionally or personally. Superfund's dual goals—to clean up the dangerous legacy of decades of toxic waste disposal and to prevent continued contamination of the environment—are simply too important to ignore.

The statutory authority for the taxes that support the Superfund program expired in December 1995, and there is little realistic prospect that it will be extended any time soon. In the meantime, the process of cleaning up sites has slowed across the country. Although Superfund has been in tight spots before, the gridlock that characterizes this reauthorization debate is arguably the most serious threat to the program's ongoing viability that it has ever faced, and may ultimately threaten its very existence. The gridlock is especially tragic because the 103d and 104th Congresses squandered an historic opportunity to enact delicately balanced, carefully crafted consensus legislation that was supported at the time by a critical mass of the program's stakeholders, including everyone from the Monsanto Company to the Sierra Club.

Rena Steinzor is an Associate Professor and Director of the Environmental Law Clinic at the University of Maryland School of Law. She is a 1976 graduate of Columbia Law School. Dr. Linda Greer is a senior scientist at the Natural Resources Defense Council (NRDC). She received her Ph.D. in environmental toxicology from the University of Maryland in 1989. The two have collaborated on Superfund issues since 1983 and served together as senior staff to the National Commission on Superfund, a joint project of the Keystone Center, the World Resources Institute, and the Vermont Law School. The authors are grateful for the superb research assistance provided by Peter Johnson and Charles Wagner. The views expressed in this Dialogue do not necessarily reflect the official views of the institutions with which the authors are associated.

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