Enforcing the Superfund Law, Past and Present

Cynthia Giles Cynthia Giles

By Cynthia Giles

Back in 1986, I was an assistant U.S. Attorney in Philadelphia. I was working on a variety of civil enforcement cases, and learning about the importance of holding violators accountable for pollution in American communities. That year, I took on one of the nation’s earliest Superfund trials – U.S. v. Tyson. The U.S. Government was seeking to hold several parties responsible for contaminating a dump site with hazardous substances that ultimately were released into local Pennsylvania waterways.

While holding polluters accountable is always important, this trial in particular had great significance. In the early days of the Superfund law, it was essential to demonstrate that the U.S. government was serious about following through on its commitment to Americans, and prepared to take responsible parties to trial to assure they were held accountable for cleaning up pollution they created. The trial in the Tyson case lasted for three weeks and all the parties involved were found responsible for the contamination. This trial helped to establish the foundation of Superfund’s polluter pays principle.

This winter, as we reflect on the 35th anniversary of Superfund, I’m proud of what EPA’s Superfund enforcement program has achieved. Just as in U.S. v. Tyson, EPA has followed through on its commitment to ensure that responsible parties participate in performing and paying for cleanups. This “polluter pays” principal stands strong – we are committed to making polluters, and not the taxpayer, pay for cleanup of hazardous waste sites.

By placing the burden of cleanup on those responsible for the contamination, EPA is saving American taxpayers money and protecting the environment. For every one dollar spent on Superfund civil enforcement activity, approximately eight dollars in private party cleanup commitments and cost recovery is obtained for cleaning up contaminated sites across the country.

Here are a few examples of how we’ve held responsible parties accountable for cleaning up pollution:

  • Last year EPA, along with the Department of Justice, the United States Attorney’s Office for the Southern District of New York, and the bankrupt debtor’s trustee, settled a historic fraudulent conveyance case. The settlement put nearly $4.4 billion to work in communities from New Jersey to California.
  • A settlement last year with Eastman Kodak Company and the state of New York established a $49 million trust for cleanup. In addition to putting much needed funds into cleaning up the local environment, including the Genesee River, the cleanup dollars will support the creation of new jobs in Rochester, New York.
  • In 2009, EPA joined forces with other federal and state agencies during a corporate We pursued and achieved a $1.79 billion settlement to fund environmental cleanup and restoration at more than 80 sites around the country.

Today, just as was true back in 1986 in Philadelphia, the polluter pays for cleaning up toxic pollution in communities. Thanks to this important law and public servants across the country implementing it, America is a cleaner, safer place to live.

Learn more about EPA’s Superfund enforcement program.

Editor's Note: The views expressed here are intended to explain EPA policy. They do not change anyone's rights or obligations. You may share this post. However, please do not change the title or the content, or remove EPA’s identity as the author. If you do make substantive changes, please do not attribute the edited title or content to EPA or the author.

EPA's official web site is www.epa.gov. Some links on this page may redirect users from the EPA website to specific content on a non-EPA, third-party site. In doing so, EPA is directing you only to the specific content referenced at the time of publication, not to any other content that may appear on the same webpage or elsewhere on the third-party site, or be added at a later date.

EPA is providing this link for informational purposes only. EPA cannot attest to the accuracy of non-EPA information provided by any third-party sites or any other linked site. EPA does not endorse any non-government websites, companies, internet applications or any policies or information expressed therein.