An Overview of Transporter Liability Under CERCLA

• Published in: Environmental claims journal Vol. 9; no. 2; p. 73
• Main Authors: Hobbs, Randall E, Levy, Michael K
• Format: Journal Article
• Language: English
• Published: 01.01.1997
• ISSN: 1040-6026

CERCLA was enacted in 1980 to provide a means for the cleanup of release of hazardous substances to the environment, to be financed by those responsible for the presence of the offending substances. The law's effectiveness in accomplishing its goals lies in its imposition of strict, joint, and several liability upon those parties responsible for the remediation costs. The comprehensive liability structure forces everyone possibly involved to be more careful in disposing of waste. The waste transporter as a liable party under CERCLA is discussed by looking at the state of law on transporter liability. While EPA does not treat transporters any differently than generators, owners, arrangers, or operators, EPA officials do designate many generators or transporters as de minimis responsible parties in light of their overall minor contributions to a particular CERCLA site. It is argued that transporters can prevent excessive CERCLA liability through understanding the law, acquiring insurance, and executing contracts with customers that wholly or partially allocate risks.