CERCLA Litigation Update: The Emerging Law of Generator Liability

June 1984
Citation:
14
ELR 10224
Issue
6
Author
Philip D. Reed

Editors' Summary: The federal government has liberally interpreted CERCLA to give it great power and discretion in cleaning up unsafe hazardous waste disposal sites. The government has reserved the Superfund response monies for emergencies and sites where no solvent responsible party can be found, and has insisted that a broad group of waste handlers, including non-negligent, off-site waste generators, are jointly and severally liable for site cleanup. In some two dozen recent decisions, the courts have accepted most or all of the government's interpretation of the law. This Comment reviews the recent judicial rulings on CERCLA, covering the definition of liable parties, liability for pre-CERCLA acts, strict liability, causation, defenses, joint and several liability, and contribution. The Comment also considers the reach of CERCLA §106, the hazard abatement section, as compared to CERCLA §104, the cost recovery section. The Comment concludes that the liberal interpretation of CERCLA advanced by the government and accepted by the courts is reasonable given the remedial objectives of the statute, and is likely to be sustained in future litigation unless pressed to inequitable extremes.

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