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H.R. 7268·119th Congress·Introduced Jan 27, 2026

CLEAN–UP Act

IntroducedEnvironmental ProtectionSubstantive
View bill text
Sponsor
Rep. Pou, Nellie [D-NJ-9]
Committees
Transportation and Infrastructure Committee (primary)
Last action
Jan 28, 2026

Bottom line

The CLEAN-UP Act aims to accelerate environmental remediation of contaminated waterways by clarifying federal liability and establishing a structured, collaborative planning process for cleanup projects under EPA oversight.

What it actually does

This bill, known as the CLEAN-UP Act, allows the Secretary of the Army to undertake water development projects involving contaminated sediment removal or remediation without incurring liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). This exemption is contingent upon the development of a joint remediation plan with non-Federal interests, which must be approved by the Administrator of the Environmental Protection Agency (EPA). The bill also mandates public consultation and preserves the federal government's right to seek cost recovery from responsible parties.

Proponents argue

Supporters argue that this bill removes a significant legal barrier, specifically CERCLA liability concerns, that has historically hindered the U.S. Army Corps of Engineers (USACE) from undertaking critical contaminated sediment remediation projects. By providing a clear framework for joint planning with non-Federal partners and EPA oversight, it will enable more efficient and effective cleanups, thereby protecting human health and the environment in affected communities.

Opponents contend

Critics might express concern that while the bill aims to streamline cleanups, it could potentially shift some liability burden or dilute accountability if the joint plan process is not rigorously enforced. There could be concerns about the extent of EPA's oversight and whether the non-Federal interest's coordination adequately addresses all potential risks, particularly if unforeseen issues arise during remediation.

The bill is very short and straightforward, making it highly accessible for a reader to understand its core provisions quickly.

Section 2(a)

CERCLA Liability Exemption for Secretary of the Army

prominently featuredstraightforward

This provision states that the Secretary of the Army will not be held liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for the release of hazardous substances or pollutants during covered activities, such as contaminated sediment removal or remediation. This exemption applies only if the activity is carried out according to a joint plan developed with non-Federal partners and approved by the EPA Administrator.

GroupImpactMechanismScale
GroupSecretary of the Army (USACE)ImpactReduced legal risk and increased capacity to undertake remediation projects.MechanismStatutory exemption from CERCLA liability under specific conditions.ScaleApplies to all authorized water development projects involving contaminated sediment.
GroupNon-Federal interests (e.g., state/local governments, port authorities)ImpactIncreased collaboration and shared responsibility in remediation planning.MechanismRequirement for joint plan development.ScaleDirect involvement in specific projects.
GroupCommunities near contaminated waterwaysImpactPotential for faster and more effective environmental cleanups.MechanismRemoval of a barrier to federal involvement in remediation.ScaleLocal to regional environmental improvement.

Supporters argue

Supporters argue this exemption is crucial for enabling the USACE to perform its environmental mission without undue legal exposure, which has historically slowed or prevented necessary cleanups. It provides the legal certainty needed for federal agencies to engage proactively in complex remediation efforts.

Critics contend

Some critics might argue that broad liability exemptions, even with safeguards, could reduce the incentive for extreme caution or shift the ultimate burden of unforeseen issues. However, the bill's requirement for EPA approval and cost recovery mechanisms are intended to mitigate these concerns.

Tradeoffs

The bill balances the need to accelerate environmental remediation by reducing federal liability with the imperative to ensure environmental protection through robust planning and oversight by the EPA and non-Federal partners.

Section 2(b)

Requirements for Joint Remediation Plans

prominently featuredstraightforward

This section mandates that any joint plan for contaminated sediment removal or remediation must ensure the protection of human health and the environment. It specifies that plans must include relevant requirements of the National Contingency Plan, a detailed description of the work to be undertaken, identification of dredged material disposal methods, clear roles and responsibilities for the Secretary and non-Federal interest, sources of funding, and any other terms the EPA Administrator determines necessary.

Section 2(c), 2(d), 2(e)

Consultation, Public Comment, and Cost Recovery

mentioned in summarystraightforward

Before undertaking any covered activity, the Secretary must consult with interested Federal, State, and local government officials and provide an opportunity for public comment on the joint plan. Additionally, the Secretary is required to document any hazardous substances present and seek to identify any person potentially responsible for their release. Crucially, the bill explicitly states that nothing in this section affects the Federal Government's responsibility to seek cost recovery under CERCLA from responsible parties for response costs incurred by the Secretary.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

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