Understanding 42 u.s.c. § 9607: Liability Under the Comprehensive Environmental Response, Compensation, and Liability Ac

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, was passed in 1980 to address the growing problem of hazardous waste sites in the United States. At the heart of CERCLA's enforcement mechanism is section 9607, which outlines liability for certain parties involved with hazardous substances.

Who is Liable Under 42 u.s.c. § 9607?

Under 42 u.s.c. § 9607, liability is imposed on several classes of parties, including current and past generators and transporters of hazardous substances, as well as owners and operators of facilities where hazardous substances were treated, stored, disposed of, or released. This broad liability scheme is designed to ensure that responsible parties bear the costs associated with cleaning up contaminated sites and compensating those injured by the release of hazardous substances.

When is Liability Imposed?

Liability under 42 u.s.c. § 9607 arises when a responsible party, as defined above, releases or threatened to release a hazardous substance into the environment. This can include direct releases, such as spills or emissions, as well as indirect releases, like migration from a storage facility. The liability provisions are triggered regardless of whether the release was intentional or unintentional.

What Remedies are Available?

Section 9607 provides for various remedies, including the ability of the government or private parties to recover damages, respond to the release of hazardous substances, and engage in cost recovery actions. These remedies are intended to ensure that responsible parties bear the costs associated with addressing hazardous substance releases and to provide compensation to those injured by such releases.

How is Liability Determined?

Liability under 42 u.s.c. § 9607 is determined based on the conduct and relationship of the responsible party to the hazardous substance and the release. This can include factors such as ownership, operation, or control of the facility where the hazardous substance was released. The statute also provides for joint and several liability, meaning that each responsible party can be held fully accountable for the entire harm caused.

What is the Role of Settlements and Cost Recovery?

Settlements and cost recovery actions play a significant role in addressing liability under 42 u.s.c. § 9607. Responsible parties often enter into settlements to resolve claims and allocate costs associated with cleaning up contaminated sites. Cost recovery actions allow parties who have already spent money responding to hazardous substance releases to recover those costs from other responsible parties.

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