CERCLA's Defenses and Exemptions Based on Interactions With Other Federal Environmental Laws

摘要

The three defenses/exemptions to CERCLA NRD claims addressed in this article arose from congressional attempts to eliminate or harmonize duplicative coverage under various environmental laws or allocate government responsibility and party liability among overlapping legal regimes. Although this goal is laudable, the statutory wording lacks important specifics and the interpretive case law is sparse, particularly for the NEPA commitment of resources and "federally permitted release" exemptions. Nonetheless, all of these defenses and exemptions can play prominent roles in the defense of CERCLA NRD actions, particularly for sites where a variety of permitted or NEPA-reviewed activities have occurred over time.