Mayors file brief in Supreme Court urging CERCLA clarification

The Washington-based U.S. Conference of Mayors (USCM) has filed a brief with the Supreme Court urging the justices to provide legal clarification of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), also known as the “Superfund,” in regards to compensation for brownfield redevelopment. In its “friend of the court” brief, filed April 5 in the case of United States of America v. Atlantic Research Corporation, USCM asks the court to confirm the Federal Eighth Circuit Court’s ruling that CERCLA does allow parties that are redeveloping a brownfield site to seek compensation from potentially responsible parties.

Brownfields are abandoned or under-used properties that are difficult to redevelop because of real or possible contamination. USCM contends that uncertainty over CERCLA’s provision to allow parties that are voluntarily cleaning up a brownfield to recover money from other responsible parties is limiting brownfield redevelopment. A copy of the brief is available online at www.usmayors.org.