Comprehensive Environmental Response, Compensation and Liability Act of 1980
(CERCLA or Superfund)
42. U.S.C. 9601 et seq.
Specific Natural Resource Trustee Authorities:
Section 104:
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requires the prompt notification of trustees of potential damages to natural
resources resulting from releases
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requires coordination of assessments, investigations, and planning efforts with
Federal and state trustees
Section 106:
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authorizes response actions when there is an "imminent and substantial
endangerment" to trust resources from actual or threatened releases of
hazardous substances
Section 107:
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establishes liability for injury to, destruction of, or loss of natural
resources
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authorizes natural resource trustees to recover compensatory damages for injury
to natural resources as well as reasonable costs of assessing injury
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mandates that all sums recovered as damages be used only to restore, replace or
acquire the equivalent of such natural resources
Section 122:
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requires that natural resource trustees be notified and encouraged to
participate in negotiations related to releases that damage trust resources
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requires that convenants not to sue be granted only if appropriate Federal
natural resource trustee(s) have agreed in writing
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allows trustee(s) to agree to a convenant not to sue if the potentially
responsible party undertakes actions necessary to protect and restore natural
resources damaged by the release of hazardous substances