Defendants in a nuisance claim are liable only for the contamination they cause, while under CERCLA, they may be 100 percent liable.

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Under CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act), a party can be held responsible for all of the contamination at a site, even if they only contributed a portion of the contamination, due to the act's provisions for joint and several liability. In contrast, in a nuisance claim, defendants are typically only liable for the contamination they specifically caused.

Defendants in a Nuisance Claim Are Liable Only for the Contamination