• CERCLA Preempts Local Bylaws
  • December 18, 2014 | Author: Sudhir Lay Burgaard
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • In Town of Acton v. W.R. Grace & Co., a federal district court held that the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), commonly known as Superfund, preempts local cleanup bylaws. The U.S. Environmental Protection Agency (“EPA”) had issued a Record of Decision requiring a ground water pump and treat system as part of cleanup, and stated that the treatment system could be turned off in three years if certain criteria were met. The criteria were met after three years and the EPA allowed the system to be shut down.