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Cercla Research Paper

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The CERCLA act was designed to create a web of fault camps or in other words liability. “A private CERCLA recovery action may be brought against any liable party regardless of whether the federal government has initiated either clean up or a cost recovery action of its own. Parties that settle with the government however are not liable for contribution.” (Dybdahl, 2009). As noted in section 107 of CERCLA there are four classes of persons liable. These persons are present and former owners, operators, generators, and transporters. Persons who fall into these categories may be held jointly and severally liable. Current owners face harsh liability because they are liable even if they did not own the site at the time of disposal. CERCLA however provides a defense if the release and damages were wholly caused by an act of omission of a third party other than one whose act or omission occurred in connection with a contractual relation with the defendant. This was later amended by CERCLA in 1986 due to the term “contractual relationship” because thus arguably includes transfers of lands. Therefore, CERCLA was amended to exclude innocent land owners from the definition (Dybdahl, Interview). The second class of persons liable are past owners and operators. Liability falls under if they owned …show more content…

Therefore it’s often that recoverable costs come into play. Section 107 of CERCLA provides that the government may recover “all costs of removal or remedial action…not inconsistent with the national contingency plan.” The NCP is required to include “means of assuring that remedial action measures are cost-effective (42 U.S.C. 9605).” Though there are costs that are non-recoverable, the government must be able to document the cost of its claims. The NCP states that the lead agency must complete and maintain documentation as to the basis for cost recovery, including accounting of response costs (42 U.S.C.

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