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Simple English definitions for legal terms

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

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A quick definition of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA):

CERCLA, also known as "Superfund," is a law that helps clean up places contaminated with dangerous waste and holds responsible parties accountable for the damage. The law allows the government to take short-term and long-term actions to address hazardous waste. CERCLA casts a wide net in bringing in responsible parties, including current and past owners/operators, arrangers, and transporters. While the act has a strict liability standard, there are limited defenses available to avoid CERCLA liability. The law also includes provisions to protect innocent landowners and encourage the cleanup of brownfields.

A more thorough explanation:

The Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or "Superfund," is a law that aims to clean up sites contaminated with hazardous waste and prevent future contamination by assigning liability to parties involved. The Environmental Protection Agency (EPA) enforces CERCLA.

Under CERCLA, the federal government can take two types of actions:

  • Removal Actions: Short-term actions taken to address releases or threatened releases that require a prompt response.
  • Remedial Actions: Long-term actions taken to permanently and significantly reduce the risk of release of hazardous substances. These actions may only be taken at places on the National Priorities List (NPL).

CERCLA casts a wide net in bringing in responsible parties. The law allows for enforcement when there may be an imminent and substantial endangerment to the public health or welfare or the environment because of an actual or threatened release of a hazardous substance from a facility. Potentially responsible parties (PRP) include:

  • Current Owners/Operators
  • Past Owner/Operator at the time the pollution occurred
  • Arrangers (person who arranged for disposal of a hazardous substance at a site)
  • Transporters (person who transported a hazardous substance to the site)

Although CERCLA imposes strict liability and joint and several liabilities, there are limited defenses available to avoid CERCLA liability. These include:

  • An act of God/an act of War
  • Third-party defense
  • Innocent Landowners
  • De minimis settlements
  • Separate Harm
  • Contiguous Properties

A brownfield is a property whose use "may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant." CERCLA created a provision to protect developers and encourage them to clean up brownfields. The statute prevents liability being assigned to a bona fide prospective purchaser, so long as the purchaser does not impede the performance of either a response action or natural resource restoration.

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texaslawhopefully
18:51
@llama: I don't know man, maybe I've been reading way too much news but I'm worried in a way I wasn't with Biden, or would've been with Harris
18:53
@texaslawhopefully: looking back, the Rs were freaking out saying Biden was going to end the country, and the Ds were freaking out during DJTs 1st term. Neither did exceptionally bad or good, IMHO. At the end of the day, the rest of the GOV (Judaical and Congress) really put a damper on grandiose executive plans. Finally, we all know Donnie is a talker: he anchors (ie tarrifs), he talks shit, he says he will do X and never does. news eats that shit up, but I think most will not ever come to pass
Dkk
18:54
I really think it's a lot of political theater right now. I think a huge percentage of these EO's are just going to be shot down.
18:55
the news sells fear. that is their product (hence why u see COPD, heart meds, stress/ antidepressants adverts during primtime). We know trump has a big mouth, and when he opens it, he spews nonsense which gets funneled into ur ears- ratings skyrocket.
18:56
not COPD. my bad ^
dem messaging is lightyears behind MAGA messaging, part of this can be blamed on foreign governments boosting the MAGA party to destabilize the country, but the democrat old guard is so far behind MAGA strategy
18:57
@Dkk: exactly.
dems need to give way to modern leftists like AOC and bernie
18:58
@KnowledgeableRitzyWasp: AOC is my crushhhh
Dkk
18:59
It's amazing cus in 2008/2012 people were even wondering if the Republican party was still going to be a thing and then yeah, MAGA just took over.
but unfortunately the left purity tests all of its members to death, for the left their candidates have to be perfect, for the right their candidates are basically forgiven for anything. it makes it a hard sell for upcoming talent to attach to the left wing when they will cancel their politicians for any perceivable social slight
texaslawhopefully
18:59
Yeah, unfortunately that happened in part with Harris and the far-Left
19:00
@KnowledgeableRitzyWasp: see with takes like that, it is no wonder how you are called Knowledgeable Wasp
ie a lot of the left didnt vote for harris because they thought biden was too soft on israel for the I/P situation. but now they have trump who will literally hand netanyahu bombs to genocide palestinians
texaslawhopefully
19:01
And even on that issue, though, I thought Biden was very moderate, whereas the far-Left just had unrealistic expectations of where he was going to end up
yeah absolutely, and our modern left doesn't appreciate that if they eventually want their policies, their best bet is incremental progress, not a perceived revolution
Dkk
19:03
So if you are 19, Trump won his first election when you were like 11. What were you doing at 11?
Dkk
19:03
This is just interesting for me to think about.
Dkk
19:06
Wasp do you remember Clinton as president because I do not.
i hadnt developed sentience by 6 years old
19:07
@KnowledgeableRitzyWasp: lmfao
@texaslawhopefully: actually that was a huge counter biden movement (and harris) re they were held hostage by party politics and any words otherwise were lies that would be walked back, like border action
The radical left views open borders as a human right
they deem us animals who migrate lmfao
Dkk
19:08
Okay, man so huh. I barely remember bush as a kid. I remember my parents complaining about him and telling me why they did not vote for him. I technically had bill clinton too but I would have been 3.
hence migrants
meanwhile you view brown people as aliens
Dkk
19:09
Man I am trying to remember what I was doing at 11. I think my family had just moved houses and I was going to a new school.
@windyMagician: yeah lol cant say shit about politics without someone jerking off about race realism
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