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The history of environmental law in the United States is a constantly evolving terrain, and one of the most significant amendments that affected the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was the Superfund Amendments and Re-authorization Act of 1986 (SARA).
SARA: Changing the Game in Environmental Responsibility
SARA went into effect in 1986, filling a crucial legal gap. Before its implementation, CERCLA, in operation since its adoption in 1980, had limitations when it came to the liability of owners of contaminated land. SARA addressed these concerns by introducing fundamental changes to the law.
The Question of Responsibility
One of the key amendments in SARA has to do with liability. When a landowner can demonstrate that it is innocent of any involvement with a hazardous waste site, under certain circumstances, may claim immunity from liability. In simple terms, this means that truly innocent landowners can be exempt from legal liability in cases of pollution. This protects those who may have acquired property without knowledge from previous contamination or without contributing to it.
Risk Assessment: A New Approach
Another significant change introduced by SARA was the revision of the Environmental Protection Agency's (EPA) Hazard Ranking System. This review was intended to ensure that the system accurately assessed the relative degree of risk to human health and the environment. This is essential to ensure an appropriate and proportional response to contaminated sites.
Conclusion: Protecting the Innocent
SARA, the Superfund amendment of 1986, brought about fundamental changes that have had a significant impact on environmental liability. By providing immunity to property owners who are truly innocent in pollution cases, an important balance is struck between environmental protection and justice for those who, through no fault of their own, are caught in pollution situations. These amendments continue to play a crucial role in the United States environmental legal framework.
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