Environmental Law · claim
CERCLA is a federal law enacted to facilitate the cleanup of contaminated sites and to hold responsible parties liable for environmental harm. It provides federal authority to respond to releases or threats of hazardous substances into the environment.
There must be a release or threatened release of a hazardous substance into the environment.
What to prove: Plaintiffs must show that there has been an actual or potential release of a hazardous substance that poses a risk to health or the environment.
CERCLA applies to specific categories of potentially responsible parties (PRPs) which include current and former owners, operators, and waste generators.
What to prove: It must be demonstrated that the defendant qualifies as a covered person under CERCLA, as defined in the statute.
A connection between the release and the liability of the responsible parties must be established.
What to prove: Plaintiffs must prove that the defendant's actions contributed to the release of hazardous substances that require cleanup.
The costs incurred for cleanup must be reasonable and in accordance with the National Contingency Plan.
What to prove: Claimants must present evidence of response costs that are necessary for the cleanup of the hazardous substance release.
The burden is on the plaintiff to prove all elements by a preponderance of the evidence.
Be prepared to discuss how the elements of CERCLA apply to fact patterns involving hazardous waste sites. Focus on the burden of proof and the defenses available.