The Comprehensive Environmental Response, Cleanup, and Liability Act (CERCLA, a.k.a. "Superfund")' has earned its share of criticism, most volubly for the expense and unfairness of its cost allocation scheme, but also for its remedy selection process. In deciding how to remediate sites, CERCLA employs a lengthy formal process that, on average, takes over eight years from site awareness to the selection of a remedy. Less damningly, perhaps, only the last fifty-eight months of that time elapses after the site is scored as one serious enough to be placed on the National Priorities List as a site eligible to receive Superfund money for its remediation. The remedy selection process, wholly apart from performing the remedy, can cost millions of dollars, especially at more complex sites.
Robert H. Abrams,
Using Experience to Improve Superfund Remedy Selection,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol29/iss3/7