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1 1 (June 16, 2021)

handle is hein.crs/govedrs0001 and id is 1 raw text is: SCongressional *aResearch Service ~nformirng the legi live deba e since 1914 __________________ Supreme Court Clarifies CERCLA Provisions for Recouping Cleanup Costs June 16, 2021 On May 24, 2021, the Supreme Court issued an opinion in Guam v. United States that could expand the ability to recover cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA, the Superfund statute, provides two avenues for lawsuits to recoup costs for the cleanup of contaminated sites. The Guam decision clarified the relationship between these separate CERCLA provisions. This Sidebar explains CERCLA's framework for parties to recoup cleanup costs, discusses the Guam decision, and considers the implications of the decision. As discussed below, the Court's ruling allows the Territory of Guam to proceed with its cost-recovery claim against the United States for costs associated with cleaning up the Ordot Dump. More broadly, the ruling could expand parties' ability to recover cleanup costs, particularly from federal agencies that bear some responsibility for contaminating a given site. It could also alter the scope and timing of settlement negotiations to resolve liability under CERCLA and other environmental statutes. Background on CERCLA Congress enacted CERCLA to clean up the release of hazardous substances, pollutants, or contaminants across the United States and to hold the parties connected to those sites responsible for cleanup costs. CERCLA provides that potentially responsible parties (PRPs) may be compelled to perform or pay for the cleanup of contaminated sites. The statute includes two provisions that allow parties that incur cleanup costs to recoup all or part of their costs from PRPs: cost-recovery actions under Section 107(a)(4)(B), and contribution actions under Section 113(f). A federal agency may face liability under either provision if its connection to a site renders it a PRP. First, Section 107(a)(4)(B) of CERCLA allows any person to sue a PRP to recover any other necessary costs of response that that person has incurred. These lawsuits are known as cost-recovery actions. Cost-recovery actions under Section 107(a) are subject to a six-year statute of limitations, which begins upon the initiation of the remedial action (typically a long-term, permanent remedy for the contaminated site). Congressional Research Service https://crsreports.congress.gov LSB10609 CRS Legal Sidebar Prepared for Members and Committees of Congress

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