Section 46 Effect of Environmental Statutes

• Library: Damages 2012

CERCLA can impose liability for the release of hazardous substances. Private parties, however, may be “limited to recovering ‘response costs’ (monies paid toward a cleanup) under CERCLA and cannot recover any damages associated with diminution in property value, lost profits, lost rents, personal injury, punitive damages, or other damages that are often associated with environmental contamination.” Alexandra B. Klass, From Reservoirs to Remediation: The Impact of CERCLA on Common Law Strict Liability...