As Superfund Turns 40, Courts Are Still Puzzling Over It

Law360 (January 21, 2021, 5:45 PM EST) -- December 2020 marked the 40th anniversary of the Comprehensive Environmental Response, Compensation and Liability Act, or CERCLA — also known as the Superfund law.

After four decades, courts are still regularly confronted with novel questions and new issues related to CERCLA and its notoriously enigmatic provisions. 2020 was no exception in this regard.

While the Superfund world focused heavily on several major decisions issued by the U.S. Supreme Court and federal courts of appeals, federal district courts quietly churned out scores of opinions in CERCLA cases over the past year. The majority of those opinions involve familiar fact patterns, run-of-the mill...

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