Understanding 42 U.S.C. § 9607: The Comprehensive Environmental Response, Compensation, and Liability Act

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, is a federal law passed in 1980. Title 42 U.S.C. § 9607 is a crucial part of this act, outlining the liability of parties responsible for environmental damage.

What is 42 U.S.C. § 9607?

Section 9607 of CERCLA establishes the legal basis for holding potentially responsible parties (PRPs) accountable for the cleanup costs and damages resulting from hazardous substance releases. It covers individuals, corporations, and government entities that may have played a role in the contamination.

Types of Liability under 42 U.S.C. § 9607

The act defines four types of liability that can be imposed on PRPs: 1) the owner and operator of a hazardous waste facility at the time of the disposal; 2) any person who by contract arranged for the disposal of hazardous substances; 3) any person who accepts or accepted any hazardous substances for transport and knew or should have known that those hazardous substances were disposed of; and 4) any person who owns or operates a facility that treats, stores, or disposes of hazardous substances.

Proving Liability under 42 U.S.C. § 9607

To establish liability under § 9607, plaintiffs must demonstrate that the defendant falls into one of the four categories of PRPs and that the release or threat of release of a hazardous substance occurred. The harm must have resulted from that release or threat of release, and the defendant must have acted with knowledge or should have known that hazardous substances were disposed of at the facility.

Defenses under 42 U.S.C. § 9607

Section 9607 provides several defenses for PRPs, including: 1) the release resulted from an act of war; 2) the release resulted from the lawful mining of coal or the extraction, processing, transport, or storage of oil, gas, or Geothermal resources; 3) the PRP exercised due care with respect to the hazardous substance involved; and 4) at the time of the release, the PRP was an innocent landowner, innocent arranger, or bona fide prospective purchaser.

Related resources

Read more in our full guide: https://toxicexposurefirm.com/42-u-s-c-9607-explained/.