The emergence and development of super fund law;

In the second half of the 20th century, the American economy has undergone profound changes. The focus of economy and work has shifted from cities to rural areas, from north to south, and from east to west. The relocation of a large number of enterprises has left behind plots with different degrees of pollution-that is, "brown plots" as stipulated by American laws and regulations, including abandoned industrial land, automobile gas stations, abandoned warehouses and abandoned residential buildings that may contain harmful radioactive substances. These plots are polluted by industrial waste to varying degrees. From 65438 to 0978, residents living in the love canal area of Niagara Falls in new york set off the earliest environmental protection activities of local residents in the United States against harmful industrial waste pollution. The reason is that a plastic company in the United States buried a lot of harmful chemicals in the love canal after 1940. Due to the permeability, accumulation and long-term nature of harmful substances, serious land pollution and drinking water pollution occurred in the landfill area around 1976, and more than 800 households had to move to other places, causing serious personal and property losses. At that time, the American government designated this area as a national emergency disaster area. Taking this opportunity, in order to cope with the increasingly serious environmental pollution crisis and respond to the citizens' environmental movement, the 96th Congress of the United States decided to pass the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA Act for short) in the last few hours of 19801. This law is widely known as the "Superfund Law", and the first comprehensive federal emergency authorization and industrial maintenance fund was established according to this law.

The super fund law was revised in 1986 and 1996 respectively. 1June 65438+1October 17, the us congress passed the amendment to the superfund act-the superfund amendment and supplement act (SARA). In the third chapter of the law, the content of the right to know in environmental law is expanded. The "right to know" clause in the law requires the company concerned to establish a database on the discharged chemicals in order to provide information to the public. This practice of making relevant information public prompted the company to consciously start reducing pollutants before the public made demands. 1996, the us congress passed the amendment to the superfund law again, making an exception for the relevant responsible parties. That is, the lessor has a security interest in the contaminated facility only by mastering its ownership mark. If it does not actually participate in the operation, management and use of the facility, it should not be regarded as the relevant responsible party and user. At the same time, the amendment adds the provision that the facility custodian, as the custodian, shall bear legal responsibility for the pollution during the custody of these facilities.