The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is frequently criticized for its imprecise drafting and the resultant difficulty in its implementation. A critical element of the CERCLA regime is a mechanism by which parties who have or will spend large sums of money remediating contamination at a site can attempt to recoup some or all of its costs from other parties alleged responsible for the contamination. Notwithstanding its reputation, the Superfund Amendments and Reauthorization Act of 1980 (SARA) clearly sets forth the statute of limitations periods for a party to commence such a lawsuit, with the applicable limitations period dependent upon the nature of the clean up.

CERCLA, as modified by SARA, provides for a limitations period of three years from the completion of a removal action and six years from the completion of a remedial action. 42 U.S.C. §9613(g)(2). The two types of responses, removal and remedial, are distinguishable based on the relative immediacy of the harm or potential harm the response is intended to address and the scope or comprehensiveness of the response. Removal actions are intended to address threats to human health and the environment that require immediate response and are generally targeted at mitigating the effects of contamination. Remediations, on the other hand, are intended to provide a permanent remedy, often following months if not years of diligence, planning, and regulatory oversight, targeted to address the source of the contamination.

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