The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is the primary federal remedial statute governing hazardous waste contamination sites. In the most publicly recognizable feature of the statute, the federal government funds cleanup of hazardous waste sites through the Superfund program. But, CERCLA also imposes liability for cleanup and associated costs on parties found responsible for hazardous waste releases.

The assignment of preexisting CERCLA liability from one party to another is of the utmost importance for corporations and other business entities. This Comment addresses a circuit split that has developed over the rules governing the successor liability of a corporation that purchases the assets of another firm that is liable under CERCLA for hazardous waste contamination. Ultimately, Supreme Court precedent and general conflict of laws principles require that asset purchasers be held liable as successors to parties liable under CERCLA only if the law of the state containing the hazardous release site so provides.

Successor Liability Under CERCLA: It’s Time To Fully Embrace State Law