The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”) imposes fairly broad liability on potentially responsible parties (“PRPs”) to pay for the investigation and remediation of a release of a hazardous substance. Typically, we think of a “release” as spilling or dumping on land, or discharging to water. A
CERCLA
Superfund Divisibility Defense Gets New Life
By Megan Baroni on
Posted in Environmental Enforcement, Litigation
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, is a federal law under which contaminated sites are identified and evaluated by the Environmental Protection Agency (EPA). EPA designates certain sites for cleanup and pursues potentially responsible parties (PRPs) to investigate and remediate those sites.
Liability under CERCLA is joint and…