FEATURE ARTICLE

November 2003

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Private Cercla Plaintiffs Must Demonstrate National Contingency Plan Consistency, Even For Smaller Site Cleanups

Congress enacted the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) in 1980, for the principal purpose of promoting the cleanup of abandoned hazardous waste sites. The incidents that most prominently prompted congressional action—Love Canal in New York and the “Valley of the Drums” in Kentucky—were two such inactive sites.