Remedying CERCLA's natural resource damages provision: Incorporation of the public trust doctrine into natural resource damage actions

When Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), it ushered in a sweeping approach to controlling the environmental effects of improper hazardous waste disposal. CERCLA's cleanup provisions, which focus on removal and remediation of hazardous substances from inactive hazardous waste sites, have progressed through more than a decade of litigation and a great deal of public debate. However, CERCLA's natural resource damage provisions have not shared this same degree of progress