Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA / Superfund, 1980)

1) Link to the Text of the Act
Read the statute (42 U.S.C. § 9601 et seq.)

2) Why It Was Done
CERCLA, known as Superfund, was enacted in response to toxic waste disasters (e.g., Love Canal). It created a federal program to identify, clean up, and hold polluters financially responsible for contaminated sites.

3) Pre-existing Law or Constitutional Rights
While RCRA (1976) regulated ongoing waste management, there was no framework to address abandoned or historic contamination. CERCLA filled that gap.

4) Overreach or Proper Role?
Supporters argue it holds polluters accountable. Critics say liability provisions are overly broad and have led to endless litigation, sometimes bankrupting businesses only tangentially involved.

5) Who or What It Controls

• EPA (administers Superfund program)
• Polluting companies (strict, retroactive, and joint liability for cleanup)
• Property owners (can be held liable even if they did not cause contamination)
• Federal and state governments (partner in site remediation)

6) Key Sections / Citations

• 42 U.S.C. § 9604: Federal authority for response actions
• 42 U.S.C. § 9607: Liability of responsible parties
• 42 U.S.C. § 9611: Superfund trust fund financing

7) Recent Changes or Live Controversies

• Funding lapsed for years; Superfund tax reinstated in 2021 (Infrastructure Act)
• Ongoing debates over cleanup delays and fairness of liability rules
• Increasing focus on PFAS (“forever chemicals”) as potential CERCLA targets

8) Official Sources

• Congress.gov – CERCLA 1980
• EPA – Superfund Overview
• 42 U.S.C. § 9601 et seq. – U.S. Code

• Environment
• Hazardous Waste
• Superfund
• Epa
• Pollution Cleanup