An overview of transporter liability under CERCLA

Abstract

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) imposes strict, joint and several liability upon those parties defined as “liable” in the statute. Responsible parties can include the generator of the hazardous substance, the owner or operator of a disposal facility, those who arranged for disposal or treatment of hazardous substances, and even the transporter of those substances. In order to effectuate CERCLA's goals, courts have steadily expanded the interpretation of the liability provisions in the statute. Indeed, EPA collects well over a billion dollars a year in settlement and remedial costs. This article focuses on the transporter as a liable party under CERCLA and explains the ways in which CERCLA liability may attach to a transporter of hazardous substances.