Section 2 Hazardous Substances

• Library: Environmental Law 2007 Supp

Although the Ninth Circuit Court of Appeals confirmed that the definition of “hazardous substance” in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. §§ 9601–9675, does not contain a minimum threshold, it expressed concern that “CERCLA seems to give the [Environmental Protection Agency (EPA)] carte blanche to hold liable anyone who disposes of just about anything. Drop an old nickel that actually contains nickel? A CERCLA violation. Throw out an old lemon? It’s full of citric acid, another hazardous substance.” A&W Smelter & Refiners, Inc. v. Clinton, 146 F.3d 1107, 1110 (9^th...