Dodging a Bullet: Lessons From the Failed Hazardous Substance Recycling Rider to the Omnibus Appropriations Bill
Editors' Summary: It has become regular practice for federal legislators to insert into annual appropriations bills riders having little to do with the appropriations process. Last year, under the sponsorship of the Senate Majority and Minority Leaders, a bill that would have exempted recyclers from CERCLA "arranger" and "transporter" liability was almost enacted as a rider to the omnibus appropriations bill for fiscal year 1999. This Dialogue examines that rider and the changes it would have wrought to CERCLA. The Dialogue begins with a description of the rider's provisions, then analyzes the policy behind exempting recyclers from CERCLA liability. The Dialogue then examines the rider's distinction between certain kinds of CERCLA violations, as well as the likely impact of the rider's attorney fees provision and the consequences the rider's recycler exemption would have had for other liable parties. Finally, the Dialogue evaluates the rider's approach of exempting a particular type of party from liability without engaging in more comprehensive reform of the Superfund statute.