• General legal procedures applicable to CERCLA actions are established in Section 113.
• Citizens have authority to bring a civil action against any other person (including the U.S.) for violation of any standard, regulation, condition, requirement, or order under CERCLA.
• EPA can reimburse local governments up to $25,000 for expenses they might incur while taking temporary emergency measures in response to hazardous substance threats.

Litigation, jurisdiction, and venue

General legal procedures applicable to actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are established in Section 113. According to 113, a person may challenge any regulation promulgated under CERCLA, only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit. A petition must be filed within 90 days of the date of promulgation of the regulations.

There are statutes of limitations for actions to recover response costs and damages to natural resources. According to 113(b), if an action is filed as the result of a release, venue will lie in any district in which the release occurred or in which the defendant resides.

CERLCA 113(f) provides for the legal remedy of contribution, which allows one potentially responsible party (PRP) to bring suit against another PRP for the latter’s share of response costs.

Citizen civil actions

CERCLA 310 grants citizens authority to bring a civil action against any other person (including the U.S.) for violation of any standard, regulation, condition, requirement, or order under CERCLA. A civil action may also be brought against the President or other government official for failure to perform any nondiscretionary duty under CERCLA. The district court in which the action is brought has the jurisdiction to enforce the standard, regulation, condition, requirement, or order, and order action to correct the violation and impose any civil penalty provided for the violation. The court also has the jurisdiction to order the President or any other government official to perform the act or duty concerned.

Settlements

CERCLA 122 sets forth different types of legal agreements that can be entered into between the Environmental Protection Agency (EPA) and PRPs to conduct a response action or pay response costs at a site. Section 122 grants EPA the authority to enter into agreements with PRPs and encourages the PRPs to enter into these settlements by offering them protection from further liability if they enter into and fulfill such agreements. When an agreement is issued for a remedial action, it must be in the form of a consent decree and must be filed in the appropriate U.S. District Court.