Superfund/Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

In 2004, the EPA estimated that about 350,000 contaminated waste sites would require cleanup over the next 30 years, at a projected cost of up to $250 billion. Per the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), or Superfund, and similar state statutes, the responsible parties (i.e., chemical, petroleum or other similar companies) must bear that financial responsibility.

Troutman Sanders lawyers are adept at helping clients maneuver through potential liabilities, remediation and other issues resulting from CERCLA. We have extensive experience representing clients on a variety of superfund-related regulatory and litigation matters, including allocation of response costs among potentially responsible parties (PRPs) and scoping of site assessment, removal and remedial actions.

Our experience also includes handling unusual issues such as PRP assets that are protected from judgment and taking advantage of supplemental state and federal claims to expand upon the scope of relief provided by CERCLA. In addition, we identify — and apply to our clients' benefit — state and federal cleanup criteria, guidance and procedures, and technical and cost considerations associated with site remediation.

Representative Experience

  • Responding to CERCLA § 104(e) and similar state requests for information.
  • Negotiating with regulatory agencies with respect to site assessment, remediation, listing/delisting and cost recovery.
  • Identifying and investigating of PRPs.
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