Municipal and Private-Party Claims Under Superfund
Editors' Summary: Actions by municipalities and nongovernmental entities to recover the costs of responding to hazardous waste releases are authorized by the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but the authority has not been utilized heavily.The author, who brought such a suit on behalf of the City of Philadelphia, reviews the relevant provisions of CERCLA, outlining the types of response costs that may be recoverable. He analyzes the two avenues of recovery made available: actions directly against persons responsible for releases under §107 or claims against the "Superfund" under §112. The author presents a step-by-step guide to developing a §107 action or §112 claim and highlights key problems, such as the time limitations of §§111(d)(1) and 112(d) and the restrictive regulations governing claims promulgated by EPA.