Morgan Lewis

President Signs Small Business Liability Relief and Brownfields Revitalization Act, Significantly Amending Federal Superfund Law

By Litigation

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Morgan Lewis Title

  • published on:

    February 2002

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On January 11, 2002, President Bush signed the Small Business Liability Relief and Brownfields Revitalization Act (“Act”), amending the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “Superfund”), 42 U.S.C. §§ 9601 et seq. The Act is the first significant revision of the Superfund law since the Superfund Amendments Reauthorization Act of 1986. The first part of the Act establishes Superfund liability exemptions for entities that shipped only extremely small, or de micromis, quantities of hazardous substances to a site and to small businesses and nonprofit organizations whose contribution consisted of ordinary municipal solid waste. The second part of the Act establishes the first federal statutory brownfields program, which includes (1) a federal grant and loan program for remediation of brownfield sites, (2) liability protection for new purchasers of contaminated sites, and (3) increased support for state brownfield and voluntary compliance programs.

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