Abstract
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was originally passed in 1980 to deal retroactively with harmful substances released into the environment. In 1986, the Legislature amended this original act under the Superfund Amendments and Reauthorization Act of 1986 (“SARA”). Part of SARA involved the implementation of findings by groups organized under various sections of CERCLA. For example, section 301(e) of CERCLA mandated a study to determine the adequacy of existing common law and statutory remedies for damages resulting from toxic exposure. In a 2008 case before the Fifth Circuit Court of Appeals, the failure of the court to understand the underlying law, and the subsequent failure to apply the appropriate law, resulted in a gross injustice.
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