After four decades, courts are still regularly confronted with novel questions and new issues related to CERCLA and its notoriously enigmatic provisions. 2020 was no exception in this regard.

December 2020 marked the 40th anniversary of the Comprehensive Environmental Response, Compensation and Liability Act, or CERCLA — also known as the Superfund law. Over the past year, federal district courts issues numerous opinions in CERCLA matters, the majority of which feature run-of-the-mill legal issues and predictable outcomes. However, several outliers flew below the radar and deserve further analysis. In this article Environmental attorney Pete Keays examines these cases and what they could mean for CERCLA cases going forward.

This article was originally published on January 21, 2021, on

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