U.S. Code » Title 42 » Chapter CHAPTER 103— COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY › Subchapter SUBCHAPTER III— MISCELLANEOUS PROVISIONS

42 U.S.C. § 9652

Effective dates; savings provisions

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(a) Unless otherwise provided, all provisions of this chapter shall be effective on December 11, 1980.(b) Any regulation issued pursuant to any provisions of section 1321 of title 33 which is repealed or superseded by this chapter and which is in effect on the date immediately preceding the effective date of this chapter shall be deemed to be a regulation issued pursuant to the authority of this chapter and shall remain in full force and effect unless or until superseded by new regulations issued thereunder.(c) Any regulation—(1) respecting financial responsibility,(2) issued pursuant to any provision of law repealed or superseded by this chapter, and(3) in effect on the date immediately preceding the effective date of this chapter shall be deemed to be a regulation issued pursuant to the authority of this chapter and shall remain in full force and effect unless or until superseded by new regulations issued thereunder.(d) Nothing in this chapter shall affect or modify in any way the obligations or liabilities of any person under other Federal or State law, including common law, with respect to releases of hazardous substances or other pollutants or contaminants. The provisions of this chapter shall not be considered, interpreted, or construed in any way as reflecting a determination, in part or whole, of policy regarding the inapplicability of strict liability, or strict liability doctrines, to activities relating to hazardous substances, pollutants, or contaminants or other such activities.(Pub. L. 96–510, title III, § 302, Dec. 11, 1980, 94 Stat. 2808.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (a), (b), (c)(2), (3), and (d), was in the original “this Act”, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables.

Notes of Decisions
Cited in 73 cases (4 in the last 5 years), 1982–2023 · leading case: MSOF Corp v. Exxon Corp., 295 F.3d 485 (5th Cir. 2002).
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MSOF Corp v. Exxon Corp., 295 F.3d 485 (5th Cir. 2002). · cites it 3× “The general saving clause, 42 U.S.C. § 9652 (d), provides: "Nothing in this chapter shall affect or modify in any way the obligations or liabilities of any person under other Federal or State law, including common law, with respect to releases of hazardous substances or other…”
United States v. Reilly Tar & Chem. Corp., 546 F. Supp. 1100 (D. Minnesota 1982). · cites it 3× “42 U.S.C. § 9652 (b). Congress intended that the existing plan provide what guidance it could in preparing responses until the revised plan was formulated.”
State of New Mexico v. Gen. Elec., 467 F.3d 1223 (10th Cir. 2006). · cites it 2× “” The second, 42 U.S.C. § 9652 (d), provides: “Nothing in this chapter shall affect or modify in any way the obligations or liabilities of any person under other Federal or *1244 State law, including common law, with respect to releases of hazardous substances or other…”
United States v. Ne. Pharm. & Chem. Co., 579 F. Supp. 823 (W.D. Mo. 1984). · cites it 2× “18 fTDefendants contend that the provisions of CERCLA were not intended to apply retroactively to costs incurred prior to the effective date of CERCLA, December 11, 1980, 42 U.S.C. § 9652 (a). The plaintiff rebuts this contention by first arguing that CERCLA specifically states…”
Gen. Cas. Co. of Wisconsin v. Hills, 561 N.W.2d 718 (Wis. 1997). · cites it 2× “[15] See 42 U.S.C. § 9652 (d) ("Nothing in this Act shall affect or modify in any way the obligations or liabilities of any person under other Federal or State law, including common law, with respect to releases of hazardous substances or other pollutants or contaminants.”
Aviall Servs., Inc. v. Cooper Indus., Inc., 263 F.3d 134 (5th Cir. 2001). · cites it 2× “1998) (analyzing the CERCLA savings clause under 42 U.S.C. § 9652 (d)). A more reasonable reading of the savings clause suggests that Congress wanted to “merely nix an inference that the statute in which it appears is intended to be the exclusive remedy for harms caused by the…”
NCR Corp. v. George A. Whiting Paper Co., 768 F.3d 682 (7th Cir. 2014). “As for CERCLA’s savings clause stating that the statute does not “affect or modify in any way the obligations or liabilities of any person under other Federal or State law, including common law, with respect to releases of hazardous substances or other pollutants or…”
Pmc, Inc. v. Sherwin-Williams Co., 151 F.3d 610 (7th Cir. 1998). “PMC replies by pointing to CERC-LA’s broad savings clause, which provides that nothing in CERCLA “shall affect or modify in any way the obligations or liabilities of any person under other Federal or State law, including common law, with respect to releases of hazardous…”
Carson Harbor Vill., Ltd. v. Unocal Corp., 287 F. Supp. 2d 1118 (C.D. Cal. 2003). “” 42 U.S.C. § 9652 (d). Unocal asserts that Carson Harbor has received approximately $1.”
City of Merced v. Fields, 997 F. Supp. 1326 (E.D. Cal. 1998). · cites it 2× “This is not the case, as 42 U.S.C. § 9652 (d) demonstrates: Nothing in this chapter shall affect or modify in any way the obligations or liabilities of any person under other Federal or State law, including common law, with respect to releases of hazardous substances or other…”
Bartlett v. Honeywell Int'l, Inc., 260 F. Supp. 3d 231 (N.D.N.Y. 2017). · cites it 4× “*237 Defendant further contends that CERC-LA § 302(d), 42 U.S.C. § 9652 (d), one of CERCLA’s savings clauses, “does not necessarily operate to preserve any and all state law claims.”
FMC Corp. v. Vendo Co., 196 F. Supp. 2d 1023 (E.D. Cal. 2002). “at 1336 (citing 42 U.S.C. § 9652 (d)). BNSF argues City of Merced does not apply on this point because here FMC, unlike the PRP City of Merced, is no longer a party due to its settlement with Vendo/Floway.”
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