Regulatory Framework and Environmental Law
The statutory skeleton
Candidates must know the major federal statutes by their purpose and mechanics, not just their acronyms. CERCLA (Superfund) imposes strict, joint, and several liability on current owners/operators, past owners at time of disposal, arrangers, and transporters, and gives EPA authority for removal and remedial action plus cost recovery. RCRA governs active and future solid and hazardous waste handling, from cradle to grave; its corrective action authority reaches permitted facilities. The Clean Water Act controls discharges to waters of the US through NPDES permits and the Spill Prevention, Control, and Countermeasure (SPCC) rule for oil storage. The Clean Air Act covers emissions, including asbestos NESHAP notification before demolition or renovation. EPCRA requires reporting and community right-to-know; the Safe Drinking Water Act and its underground injection control program regulate disposal wells.
Traps that appear in questions
Watch for the CERCLA/Superfund distinction: a site can be contaminated yet not on the NPL. The bona fide prospective purchaser (BFPP), innocent landowner, and contiguous property owner defenses all require all appropriate inquiries (AAI) plus appropriate care and reasonable steps; AAI alone is not a defense. The ASTM E1527 practice is the standard for AAI, but AAI also requires the user to provide specialized knowledge and to conduct a title search. Note that CERCLA does not cover petroleum (the petroleum exclusion) except certain refined fractions, though state programs often do.
Rule of thumb
If a question asks which law creates liability for a past disposal that the current owner did not cause, choose CERCLA. If it asks about ongoing handling, permitting, or closure of an active waste unit, choose RCRA.