Regulation Of Mining, Milling, And Smelting Wastes Under Superfund: Regulatory And Liability Framework

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (?CERCLA?), as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA?) establishes a comprehensive Federal regulatory program for addressing environmental and public health risks posed by releases of hazardous substances into the environment from a wide variety of industrial and other sources. The statute is primarily administered by the United States Environmental Protection Agency ("EPA"). The applicability of CERCLA to the mining, milling, and smelting industries (hereinafter referred to as the ?mining industry?) has been upheld by the courts and recently affirmed by Congress. The purpose of this article is to briefly outline the scope of CERCLA as it applies to the mining industry, the scope of EPA's activities pertaining to the mining industry under CERCLA, the types of remedies which may be pursued by EPA, and the liability scheme of CERCLA as it applies to corporate entities, managers, and shareholders involved with the mining industry. Natural resource damage claims, State cooperative agreements, and other State-related issues will not be discussed.