A Cough in the Water: Revisiting Natural Resource Restoration Under Superfund

摘要

Under CERCLA's natural resource damage provision, trustees may recover money damages from polluters. While the money is to be used to restore the damaged resources, trustees have flexible spending guidelines which have led to diverting funds to areas unaffected by the immediate release or overspending on administrative costs. This author queries whether the implementation of the provision could be more effective by restricting trustee spending, creating a Superfund-type trust fund, or increasing the public and judicial scrutiny of trustees.