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The Availability Of Attorneys' Fees As A Necessary Cost Of Response In Private Cost-Recovery Actions Under Cercla, Heather M. Harvey
The Availability Of Attorneys' Fees As A Necessary Cost Of Response In Private Cost-Recovery Actions Under Cercla, Heather M. Harvey
University of Richmond Law Review
In 1980, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). Its purpose was to remedy the environmental problems caused by abandoned hazardous waste sites. Prior to 1980, hazardous waste had been regulated primarily by the Resource Conservation and Recovery Act ("RCRA") and, to a lesser extent, by the Toxic Substances Control Act ("TSCA"). These statutes focused on the prevention of hazardous waste problems. Consequently, they proved inadequate to deal with the increasing threats posed by existing hazardous waste sites.' Congress drafted CERCLA to fill in the gap left by prior legislation.