The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, is a primary U.S. federal law enacted in 1980. This law was created to address the growing concern over hazardous waste sites across the country that could harm human health and the environment (EPA, 2024). CERCLA’s primary purpose is to clean up contaminated sites and hold those responsible for the pollution financially accountable for the cleanup.

Purpose of CERCLA

CERCLA was designed to manage abandoned or uncontrolled hazardous waste sites. It gives the Environmental Protection Agency (EPA) the authority to identify and prioritize the most dangerous sites through the National Priorities List (NPL) (EPA, 2024). CERCLA also sets up a framework for cleaning these sites, using various methods to reduce environmental and health risks. Additionally, the law holds current and past owners, operators, or anyone responsible for hazardous waste accountable for cleanup costs. Initially, the Superfund was financed by taxes on the chemical and petroleum industries to cover cleanup costs when responsible parties could not be found or were unable to pay (EPA, 2024).

Major Proponents Supporting CERCLA

CERCLA received support from lawmakers, environmental advocates, and public health experts. While Earth Day founder Senator Gaylord Nelson (D-WI) (U.S. Senate, 1970) and environmental groups like the Sierra Club raised awareness of environmental issues, Representative James Florio (D-NJ) is most noted for leading the drafting and passage of CERCLA (EPA, 2005). Together, these advocates ensured CERCLA’s creation to address hazardous waste and protect public health.

The Superfund Amendments and Reauthorization Act (SARA) of 1986

By the mid-1980s, CERCLA needed improvements to continue its mission effectively. In 1986, the Superfund Amendments and Reauthorization Act (SARA) reauthorized CERCLA and introduced critical updates (EPA, 2024). SARA increased funding for cleanup and involved state and local governments in the efforts. It promoted permanent solutions and innovative technologies (EPA, 2024). Additionally, SARA focused more on human health by implementing stricter standards for assessing hazardous sites, especially for vulnerable populations like children and pregnant women (EPA, 2024). It also ensured that communities near contaminated sites could access information about hazardous substances (EPA, 2024).

Positive Contributions to Human Health

CERCLA has made significant contributions to public health. First, it has reduced exposure to dangerous pollutants, like carcinogens, through the cleanup of hazardous sites, which has decreased illnesses such as cancer and respiratory diseases. Second, its strict liability rules discourage improper disposal of hazardous materials, preventing future contamination. Lastly, CERCLA ensures the EPA can respond quickly to environmental disasters, such as chemical spills, limiting public exposure to harmful substances (Beyer, 2019; EPA, 2024).

Challenges Faced by Small Businesses

While CERCLA has cleaned nearly 400 sites, challenges remain, with over 1,300 sites still on the NPL (Beyer, 2019). Some small businesses argue that CERCLA gives the EPA too much power, creating financial hardship. For example, in 1995, Senator Larry Pressler highlighted the case of Bill Huebner, owner of Ace Steel and Recycling in South Dakota (Corley, 2011). Huebner’s company was ordered to pay $47,000 to clean up a hazardous site even though his business did not exist when the contamination occurred. This raised concerns about fairness and the potential violation of Due Process (Corley, 2011).

Conclusion

CERCLA has been a cornerstone of U.S. environmental policy, ensuring the cleanup of hazardous waste sites and holding polluters accountable. SARA of 1986 further strengthened CERCLA by increasing funding, improving collaboration, and enhancing health protections. Together, CERCLA and SARA have significantly reduced environmental health risks and improved public safety.

Reference

Beyer, M. (2019, February 11). CERCLA and the DOD dilemma: Challenges and opportunities. Environmental Law Institute. https://www.eli.org/vibrant-environment-blog/cercla-and-dod-dilemma-challenges-and-opportunities

Corley, S. (2011). The constitutionality of the EPA's enforcement of CERCLA: Big business challenges and a small business problem. Washington and Lee Journal of Energy, Climate, and the Environment, 2(2), Article 4. https://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=1019&context=jece

Environmental Protection Agency. (2005). James Florio: Former New Jersey governor and congressional representative and author of the Superfund Law [Interview]. U.S. Environmental Protection Agency. https://www.epa.gov/archive/epa/sites/production/files/2015-11/documents/florio.pdf

Environmental Protection Agency. (2024, October). The Superfund Amendments and Reauthorization Act (SARA). U.S. Environmental Protection Agency. https://www.epa.gov/superfund/superfund-amendments-and-reauthorization-act-sara

Environmental Protection Agency. (2024, July). Summary of the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund). U.S. Environmental Protection Agency. https://www.epa.gov/laws-regulations/summary-comprehensive-environmental-response-compensation-and-liability-act

U.S. Senate. (1970, April). Gaylord Nelson promotes the first Earth Day. www.senate.gov/ artandhistory/history/minute/Gaylord_Nelson_Promotes_the_First_Earth_Day.htm