The Applicability of CERCLA and SARA to Releases of Radioactive Materials

March 1987
Citation:
17
ELR 10071
Issue
3
Author
Steven R. Miller

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),1 as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA),2 covers the cleanup of "releases" of radioactive materials from federal and private facilities into the environment. In addition, certain provisions of SARA that do not amend CERCLA also apply to radioactive materials. This dialogue explores the extent to which these laws apply to radioactive materials and the limited exemptions for such materials in these statutes. In addition, the growing overlap between CERCLA and the other federal and state laws that apply to radioactive materials is discussed.

Mr. Miller is Attorney-Advisor with the U.S. Department of Energy in Washington, D.C., where he provides advice and counsel to the Department on remedial action and other environmental matters. The views in this dialogue are those of the author and do not necessarily represent those of the U.S. Department of Energy.

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