Federal environmental law: EPA, CERCLA, SARA, site assessments, wetlands, and clean air and water

Environmental risk and property decisions

The Environmental Protection Agency (EPA) administers and enforces major federal environmental programs, often with state agencies. Environmental review serves a different purpose from an appraisal or ordinary building inspection.

CERCLA and SARA

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund, addresses releases and threatened releases of hazardous substances and recovery of cleanup costs. Potentially responsible parties include current owners and operators, owners and operators at disposal, arrangers, and certain transporters. Liability can be strict and retroactive. For indivisible harm, joint and several liability can expose one responsible party to the entire recoverable cost, with contribution claims against others. Not causing the contamination does not by itself protect a purchaser.

The Superfund Amendments and Reauthorization Act (SARA) strengthened and reauthorized CERCLA. SARA Title III established emergency planning and community right-to-know requirements.

Investigate before acquisition

A Phase I environmental site assessment reviews historical uses, records, interviews, and site observations; it ordinarily does not collect environmental samples. Phase II uses sampling and testing to investigate suspected contamination. Remediation means cleanup. Appropriate prepurchase inquiry can help support certain landowner protections, but an assessment alone is not blanket immunity: eligibility conditions and continuing obligations also matter.

Water and air

The Clean Water Act addresses water pollution. Section 404 regulates discharges of dredged or fill material into federally regulated waters, including covered wetlands. The Army Corps of Engineers administers the federal permit program with EPA oversight. Wet ground alone does not establish federal jurisdiction. Qualified advice should address coverage, exemptions, and permits before fill is placed. Zoning approval does not replace environmental authorization. See 33 U.S.C. § 1344.

The Clean Air Act protects air quality and public health through pollution prevention and control, with federal, state, and local roles. See 42 U.S.C. § 7401.

Recognize the category, investigate warning signs, and refer technical and legal determinations to qualified specialists.