An Annotated Legislative History of the Superfund Amendments and Reauthorization Act of 1986 (SARA)

December 1986
Citation:
16
ELR 10360
Issue
12
Author
Timothy B. Atkeson, Seth Goldberg, Frederick E. Ellrod III, and Sandra L. Connors

While there are undoubtedly fascinating stories of the dynamics that shaped the Superfund Amendments and Reauthorization Act of 1986 (SARA) waiting to be written, interpretation of SARA as a statute must be governed by its language, by relevant legislative history in the committee reports, and to some extent by the legislative debates. The volume of this material is daunting.

It is the goal of this annotated legislative history to produce a comprehensive guide to understanding the development of the new law and interpreting the significance of its provisions. The first basic tool to understanding is the composite text of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as amended, 1 which includes both the new language accomplished by the SARA amendments and the text of deleted CERCLA provisions. This annotated text of CERCLA is cross-referenced both to SARA and to detailed comments on over 40 topics. The reader will next find three sections (i) summarizing the principal new features that will affect the Superfund practitioner;2 (ii) setting out the steps in the enactment of SARA that are important to understanding its legislative history; 3 and (iii) offering tentative conclusions as to what are the main changes wronght by SARA. 4 The guide then provides separate detailed discussions for more than 40 of the principal topics dealt with in SARA. 5 For each topic, there is a developmental history, relating the topic to existing CERCLA provisions, outlining the role of the Administration and the seven congressional committees involved in the reenactment process, and listing all the relevant legislative history sources.

Timothy B. Atkeson and Seth Goldberg are partners in Steptoe & Johnson, Washington, D.C.; Frederick E. Ellrod III is an associate at Steptoe & Johnson. Sandra L. Connors is a legal intern with the Environmental Law Institute and a third-year student at George Washington University School of Law. Mr. Atkeson was General Counsel of the Council on Environmental Quality in the Executive Office of the President, 1970-1973, and General Counsel to the Office of Technology Assessment, U.S. Congress, 1974.

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An Annotated Legislative History of the Superfund Amendments and Reauthorization Act of 1986 (SARA)

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