Is It Remedial or Removal — The Distinction Is Critical in Determining the Statute of Limitations for Actions under CERCLA
by Mark D. Johnson Under CERCLA activities to clean up hazardous substances are characterized as either “removal actions” or “remedial actions.” Generally, removal actions are interim actions to clean up or remove hazardous materials. 42 U.S.C. § 9601(23). Remedial actions are efforts to permanently remedy the presence of hazardous materials. Id. § 9601(23). A claim […]
Mark D. Johnson
Former Partner