CERCLA liability is a top concern for local governments interested in acquiring, cleaning up, or redeveloping contaminated property. Accordingly, U.S. EPA’s Office of Site Remediation Enforcement recently released a fact sheet addressing CERCLA liability issues for local governments, which summarizes key statutory provisions and requirements. The fact sheet, titled “CERCLA Liability and Local Government Acquisitions and Other Activities,” is available here, and its aim is to identify the important role local governments can play in facilitating the cleanup and redevelopment of contaminated properties. Significantly, the fact sheet cautions that EPA “encourages local governments to consult with their state environmental protection agency and legal counsel prior to taking any action to acquire, cleanup, or redevelop contaminated property.”
For more information on how local governments can limit their CERCLA liability from property acquisitions and other activities, please contact Bill Wagner or any member of Taft’s Environmental Practice.