, the U.S. Congress enacted the Comprehensive Environmental Compensation and Liability Act (CERCLA), authorizing the Environmental Protection Agency (EPA) to immediately respond to the actual or threatened release of hazardous substances. In 1986, Congress enacted the Superfund Amendments and Reauthorization Act (SARA), which created a $8.5 billion fund intended to be used for the removal of hazards and the remediation of contaminated sites. SARA also empowered the EPA to seek recovery of its clean up costs and any damages from the parties responsible for the contamination.
CERCLA defines "potentially responsible parties" as including (1) the current owner or operator of the contaminated site; (2) the owner or operator of the contaminated site at the time of the disposal of the hazardous materials; (3) any person arranging the disposal or treatment of the hazardous waste; (4) and transporters of hazardous waste. The liability of these responsible parties is joint and several. U.S. courts have actually interpreted these provisions more widely than a strict reading of the text would dictate. For instance, the liability of a corporation in these situations also attaches to the corporation's shareholders and officers. Courts have held landlords liable for the contamination of property by tenants. In addition, courts have held secured creditors liable for the activities of debtors. Finally, even more parties can be potentially involved in litigation since courts have established the rights of contribution from other potentially liable parties. This can result in serious consequences when the contamination occurred years earlier and many potentially liable parties are now gone, "judgment-proof," or otherwise outside the reach of the law. As a result, parties which had little to do with the original contamination may be forced to bear most of the costs of clean up.
The statute defines an "owner" as including "any person o...