EPA maintains 1,335 Superfund sites—toxic waste dumps where polluters are strictly liable for cleanup and health damages. If you bought property near one, someone owes you money.
Assess potential compensation for living near toxic waste sites
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⚠️ Superfund claims invoke strict liability—polluter pays regardless of fault. Property contamination requires professional testing. Consult environmental attorney for site-specific case evaluation.
CERCLA (Superfund Act) imposes strict, joint, and several liability on polluters. Translation: If toxic waste is on your property, someone has to pay for cleanup—and that someone is the company that dumped it, not you. Even if dumping happened 50 years ago. Even if it was legal then. Even if the company is bankrupt (EPA maintains Superfund trust to pay).
EPA's National Priorities List (NPL) identifies 1,335 worst sites. But 40,000+ contaminated sites exist nationwide not on NPL. If you discover hazardous waste on or near your property: (1) Report to EPA immediately, (2) Get soil/groundwater testing from certified lab, (3) Don't touch anything (liability issues if you disturb waste), (4) Consult attorney about responsible party identification.
Key rights: Polluter liable for all cleanup costs + health damages + property devaluation. You don't pay for cleanup. If multiple polluters, each liable for 100% (joint and several)—EPA collects from whoever it can find, they fight among themselves. If polluter is defunct, Superfund trust pays (though reimbursement is slower).
Property owners, residents, and anyone exposed to toxic waste can sue responsible parties.
If you bought contaminated property without knowing, you're not liable for cleanup—but you can sue seller and original polluters. Defense requires: (1) Phase I environmental site assessment before purchase, (2) No reason to know of contamination, (3) Took reasonable steps to stop ongoing releases.
Even if contamination was disclosed, you can sue for: (1) Fraudulent misrepresentation if seller lied about extent, (2) Breach of warranty if property worthless, (3) Cost recovery against original polluters. Superfund liability is retroactive—companies can't escape by saying "it was legal when we dumped it."
Cleanup costs ($1M-$100M+), property devaluation (30-70%), health damages ($100K-$2M), relocation expenses.
Home value loss when contamination discovered. Typical: 30-70% devaluation depending on contamination severity. Some properties become worthless (total loss). Appraisal required showing value before/after discovery.
Cancer, birth defects, neurological damage from toxic exposure. Includes medical costs, lost wages, pain/suffering. Requires expert testimony linking exposure to illness. Latency period (10-30 years) complicates causation.
If you paid for soil remediation, groundwater treatment, or demolition, sue responsible parties for full reimbursement. EPA average cleanup: $29 million per site. Residential cleanups: $500K-$5M. Industrial sites: $10M-$100M+.
Report to EPA, get professional testing, identify polluters, sue for cost recovery and damages.
EPA investigates and may add site to NPL (triggers federal cleanup funding).
Phase II site assessment by licensed environmental consultant.
CERCLA defines four categories of liable parties.
Sue responsible parties to recover cleanup costs and damages.
Supplement CERCLA with state tort claims for additional damages.
CERCLA cost recovery: 3 years from completion of removal action or 6 years from initiation of remedial action. Personal injury: 2-6 years from discovery.
CERCLA §113: 3 years after completion of removal action, OR 6 years from start of remedial action. Personal injury: State statute applies.
Discovery rule: Clock starts when plaintiff discovers contamination and resulting harm. Fraudulent concealment can extend statute.
Shortest statute for environmental claims. Clock starts at discovery of injury and its cause. Strict enforcement—miss deadline, case dismissed.
Discovery rule applies. For latent diseases (cancer from Superfund exposure), statute starts when doctor links illness to site.
Continuous exposure: Each day of exposure restarts statute. Property damage: 3 years from when damage occurred or should have been discovered.
Discovery rule for latent diseases. Property devaluation: Statute starts when contamination discovered, not when it occurred.
⚠️ File EPA petition immediately when contamination discovered—doesn't start statute but creates record. For cost recovery, statute starts AFTER cleanup completed (perverse incentive: Don't clean up until you sue).
💡 Superfund sites take decades to clean up. File cost recovery lawsuit early to preserve claims. Personal injury: Statute may not start until disease manifests (10-30 years after exposure).
Common questions about toxic waste exposure and CERCLA liability
Superfund cases involve complex liability allocation, forensic investigation, and expert testimony. We connect you with environmental attorneys who handle CERCLA cost recovery and toxic exposure claims on contingency.