CERCLA Litigation: If a Plaintiff Cannot Achieve a Result under CERCLA, the Plaintiff Should Not Be Able to Achieve that Result Under Other Law

摘要

Several recent decisions have examined the relationship between CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) and other laws that may also provide remedies at inactive hazardous waste sites. In each, the court refused to provide the requested remedy, holding that to provide a remedy under other law, when CERCLA would not provide a remedy, would undermine the CERCLA liability scheme. In Appleton Papers Inc. v. George A. Whiting Paper Co. (E.D. WI, October 4, 2012), the court dismissed state law counterclaims, reasoning that they were preempted by CERCLA. In Anacostia Riverkeeper v, Washington Gas Light Company (D. DC, Sept. 24, 2012), the court dismissed a RCRA (Resource Conservation and Recovery Act) endangerment claim, reasoning that it would interfere with a CERCLA remediation.