CLEAN–UP Act
- 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
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.
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
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
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.