280— Bureaucracy and Inefficiency: Failures of CERCLA in Protecting Indigenous Communities

In 1983, The Environmental Protection Agency created the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The main goal of which is to protect human health and the environment by holding liable parties accountable for hazardous waste contamination. While CERCLA has been able to clean up many of the sites on their National Priorities List, it has failed to address many as well. Persistent problems with slow-moving bureaucratic structures and expensive oversight costs have forced people out of their homes, subjected them to long-term and short-term health problems, and have created an unlivable environment, particularly for those who rely on it the most. While CERCLA has established that “tribes are afforded substantially the same treatment as states,” the process of getting around to clean-up has been so slow that often, the damage is already done. Furthermore, CERCLA only protects communities after damages have already occurred. Previous lack of transparency from the US government with Indigenous communities have led to a general weariness of US intrusion in Indigenous affairs. An exploration into possible policy prescriptions for CERCLA and the transparency and prevention of hazardous waste contamination are necessary to protect Indigenous communities.