Comprehensive Environmental Response, Compensation, and Liability Act of 1980

The video explains the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), focusing on the Superfund's role in cleaning up hazardous waste sites. It details who can be held liable, including landowners and operators, and outlines defenses against liability, such as good faith and third-party responsibility. The video also discusses the financial challenges and implications of CERCLA, including the potential for bankruptcy and the role of insurance.

What is the primary purpose of the Superfund created by Congress?

• To support research on renewable energy

• To fund the cleanup of land contaminated by hazardous waste

• To offer tax incentives for green companies

• To provide loans to businesses for environmental projects

Who can be held liable under CERCLA for land contamination?

• Only government agencies

• Only the party that directly caused the contamination

• Only the current owner of the land

• Any operator, owner, arranger, or transporter involved

What is a key defense for a landowner against CERCLA liability?

• Arguing the contamination is not severe

• Claiming ignorance of the law

• Proving good faith and due diligence

• Blaming previous owners without evidence

How can a natural disaster affect CERCLA liability?

• It increases the liability of the landowner

• It can be used as a defense under force majeure

• It shifts liability to the government

• It has no impact on liability

What is a significant financial risk associated with CERCLA?

• High insurance premiums for landowners

• The potential for bankruptcy due to cleanup costs

• Increased property taxes

• Loss of government subsidies

Why might land purchasers consider insurance in relation to CERCLA?

• To cover potential legal fees

• To avoid liability for environmental cleanup costs

• To reduce property maintenance expenses

• To increase the resale value of the land

What challenge does the EPA face in relation to the Superfund?

• Overregulation by the government

• Insufficient scientific research

• Difficulty in recovering funds from responsible parties

• Lack of public awareness