Yes, We Do Need a Clarification of the CERCLA Sovereign Immunity Waiver

October 1999
Citation:
29
ELR 10602
Issue
10
Author
Victoria L. Peters

Editors' Summary: The extent to which the existing version of CERCLA removes the federal government's sovereign immunity has long been a matter of contention between states and several federal agencies. This Dialogue discusses the statutory framework, and describes the manner in which DOD and DOE have contended that the existing CERCLA "waiver" does not remove the government's immunity shield. The author argues that principles of equity and consistency with other environmental statutes, as well as the goal of environmental remediation of contaminated sites, justify prompt action by Congress to elaborate upon and strengthen the CERCLA provision so that it conforms to language in RCRA.

Victoria L. Peters is a Senior Assistant Attorney General in the CERCLA Litigation unit of the Colorado Attorney General's office. Since 1988, she has provided legal services in various capacities on the Rocky Mountain Arsenal case, and since 1993, she has been an active member of the National Association of Attorneys General's (NAAG's) CERCLA Reauthorization Workgroup and has served as Chairperson of the workgroup's Federal Facilities Subcommittee. Ms. Peters is a Phi Beta Kappa graduate of George Washington University and attended the University of Denver College of Law.

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