Amending CERCLA: The Post-SARA Amendments to the Comprehensive Environmental Response, Compensation, and Liability Act
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Amending CERCLA: The Post-SARA Amendments to the Comprehensive Environmental Response, Compensation, and Liability Act

Includes CD-ROM with Full Legislative Histories
Amending CERCLA: The Post-SARA Amendments to the Comprehensive Environmental Response, Compensation, and Liability Act
Product Code: 5350151
Authors: Michael B. Gerrard, Joel M. Gross
Publication Date: October 2006
ISBN: 978-1-59031-250-6
Page Count: 678
Trim Size: 7 x 10 + CD-ROM, Paperback
Sponsoring Entities: Section of Environment, Energy, and Resources
Topics: Environmental Law
Format: Book - 5350151
Pricing: $149.95 (Regular)
$124.95 (Section of Environment, Energy, and Resources) ABA Members, Log in now to receive this discount!
About the Book

Controversial yet powerful, litigated but most often settled, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund) has a complicated history. CERCLA gave the Environmental Protection Agency vast authority to clean up sites, a dedicated source of funds to undertake clean-ups (Superfund), and a liability scheme of unprecedented scope. The 1986 Superfund Amendments and Reauthorization Act (SARA) remains the only comprehensive set of amendments to CERCLA.

Following SARA, three important amendments resulting from narrowly targeted legislation have been enacted to make further reforms to the statute. Amending CERCLA focuses on the amendments that narrowed the CERCLA liability scheme to address specific policy objectives:
  • The Asset Conservation, Lender Liability, and Deposit Insurance Act (1996)

  • The Superfund Recycling Equity Act (1999)

  • The Small Business Liability Relief and Brownfields Revitalization Act (2002)
An overview of these amendments explains why each was enacted, what they provide, and how they have been interpreted by EPA and the courts. Following this analysis, the book includes:
  • The text of CERCLA annotated to show which language was added by which amendment

  • The main EPA guidance documents issued for each amendment

  • Key excerpts from the respective legislative histories, including the full text of each of the amendments

  • An index to the full legislative history

  • CD-ROM with the entire legislative history
The authors, Michael B. Gerrard and Joel M. Gross, are partners in the New York and Washington offices, respectively, of Arnold & Porter LLP. Both have extensive experience in the Superfund arena. They provide an in-depth analysis of these three amendments that have attempted to fix problems with CERCLA, address the new circumstances and realities of the environment, or dealt with actual or perceived unfairness of the law.

A single-source compendium of legislation, leading court decisions, and administrative implementation, Amending CERCLA is comprehensive and authoritative reference for practitioners to review, research, and understand this complex statute.

More Information

Table of Contents PDF
Preface - John C. Cruden PDF
Preface - Elliott P. Laws PDF

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