THE SUPERFUND LIABILITY FRAMEWORK: A STUDY OF CONTRADICTIONS

The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA or SUPERFUND) provides authority and funding for cleaning up releases or threatened releases of hazardous substances, pollutants and contaminants, including but not limited to hazardous wastes that pose--or may pose--a threat to human health or the environment. CERCLA establishes broad liability for the federal and state governments and private citizens for the costs of cleaning up eligible releases of hazardous substances and establishes liability for damages to natural resources. There is no liability for personal injury, for property damage or loss, or for other economic losses. Congress amended CERCLA by the Superfund Amendments and Reauthorization Act, which became law in October 1986. There are numerous strains and contradictions inherent within CERCLA. This article explains several of these contradictions and how they have been addressed--if at all--in the federal Superfund program. The first part discusses some of the broad policy and implementation issues, while the second part reviews specific liability provisions.