CERCLA (Superfund) & RCRA
The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), commonly known as Superfund, and ("RCRA") are federal laws designed to address lands or waterways that have been—or are being—contaminated with hazardous substances. Sites implicated by these laws are regulated by the EPA and often severely contaminated with high concentrations of hazardous waste or other pollution.
Our attorneys have represented clients in relation to their rights, obligations and overall liability regarding such sites, which is strict liability under CERCLA. This includes addressing the government's requirements for both short and long-term response actions to permanently reduce the risks associated with releases or threats of release of hazardous substances—and the potentially very large sums required to pay for such actions.
In addition, we advise clients regarding their important rights to seek contribution from other parties for the costs and liability related to cleaning up these sites. Such contribution rights and litigation related to enforcing them help to limit our clients' liability and spread the costs of remediation among all responsible parties.
Similar issues arise with respect to analogous state environmental laws and regulations, on which, again, our attorneys have significant experience advising clients.