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Comprehensive Environmental Response, Compensation, and Liability Act (Cercla)

 

Federal law, known as Superfund, passed in 1980 and reauthorized by the Superfund Amendments and Reauthorization Act (SARA) in 1986. The law imposes strict joint and several liability for cleaning up environmentally contaminated land. Potentially responsible parties include any current or previous owner, generator, transporter, disposer, or party who treated hazardous waste at the site. Strict liability means that each and every party is liable for the full cost of remediation, even parties who were not contaminators.

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Act that makes the liability cost for cleanup joint and several. Even if a party is only partially responsible for losses inflicted, that party may be liable for the payment of the total cost involved in the cleanup. This liability is retroactive without stipulation as to time limit.

Federal law, known as Superfund passed in 1980, reauthorized by Sara in 1986. The law imposes strict joint and several liability for cleaning up environmentally contaminated land. Potentially responsible parties include any current or previous owner, generator, transporter, disposer, or party who treated hazardous waste at the site. Strict liability means that each and every party is liable for the full cost of remediation, even parties who were not contaminators. Joint and several liability makes each party liable for the full cost of cleanup. A de minimis settlement is an agreement with the Epa to allow a party who had a minor role in contamination to pay a small amount to be released from the litigation. See also Superfund Amendments and Reauthorization Act (SARA).

 
 

 

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