Elements of a ´State Plan´ to Recover Damages for Natural Resource Rehabilitation Under CERCLA

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) establishes stringent financial penalties discouraging irresponsible environmental pollution, and provides a funding mechanism which state governments can utilize in developing a comprehensive natural resource rehabilitation program. An effective State Plan for natural resource restoration/rehabilitation under CERCLA should include: efforts to identify the responsible polluter, field surveys of short- and long-term damage, and evaluation of alternative environmental clean-up options. The paper presents to state legislative leaders a proactive approach to natural resource rehabilitation, financed by funds made available from the Federal Hazardous Substance Response Trust Fund (Superfund).