Over the Line—Transboundary Application of CERCLA

摘要

There is a case that can be made for the extraterritorial application of U.S. environmental laws. Unfortunately for those seeking to extend the application of CERCLA, that case fails analysis of the statutory language that parses CERCLA's terms more carefully than is indicated in the comments in the ELI report and Superjund Report article regarding the extraterritorial application of CERCLA to sources in Canada and Mexico. Likewise, in considering the wisdom of such extraterritorial application, proponents of extraterritorial application of CERCLA should be cognizant of the potential for difficult diplomatic complications, going beyond our relations with the countries immediately at our borders, as science provides compelling evidence of the possible widespread distribution of contaminants from sources around the globe. Many have criticized CERCLA as a less than thoughtful application of environmental law to U.S. sources. Its application should not be extended through administrative agency fiat to sources in countries beyond our borders, and perhaps beyond our continent, without considered reflection by Congress on the wisdom of that extension.