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

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, provides legal recourse for individuals exposed to toxic substances. Section 9607 of the act outlines the liability provisions for those responsible for hazardous waste site clean-up.

Who is Liable under 42 U.S.C. § 9607?

CERCLA § 9607 establishes liability for those responsible for the release or threat of release of hazardous substances from a vessel or facility. This includes past and present owners and operators, as well as those who arranged for disposal of hazardous waste. Additionally, transporters of hazardous waste may be held liable under certain circumstances.

Types of Damages Recoverable under 42 U.S.C. § 9607

Section 9607 allows victims of toxic exposure to recover various types of damages, including past and future medical expenses, lost wages, and pain and suffering. In some cases, punitive damages may also be available. The specific damages recoverable depend on the facts of the individual case and the severity of the exposure.

Statute of Limitations for 42 U.S.C. § 9607 Claims

CERCLA § 9607 imposes a statute of limitations requiring that claims be brought within three years of the date the individual discovered or should have discovered their injury. In no case can a claim be brought more than ten years after the hazardous waste site release occurred. However, these deadlines may be tolled under certain circumstances.

Defenses to Liability under 42 U.S.C. § 9607

Defenses to liability under CERCLA § 9607 include demonstrating that the defendant acted in good faith in arranging for the disposal of the hazardous substance, that the disposal was in accordance with a relevant law or regulation, or that the defendant is not an owner or operator of a vessel or facility. Additionally, certain natural persons may be shielded from liability under CERCLA.

Related resources

Read more in our full guide: https://toxicexposurefirm.com/cercla-liability-explained/.