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Superfund site

Not just any dirty property, old factory lot, or place with a scary rumor about chemicals. A Superfund site is a contaminated location the federal government has identified as serious enough for investigation and cleanup under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, usually called CERCLA. Some are placed on the National Priorities List, which makes them eligible for long-term federal cleanup. Others may be addressed without ever becoming a headline. The label does not automatically mean the area is untouchable forever, and the absence of the label does not mean a site is safe.

That matters because people often get bad advice: if it is not officially called a Superfund site, they assume there is no real contamination claim. That is wrong. A person may still have a case involving toxic exposure, negligence, premises liability, or a work-related illness even if the property is being handled by a state agency rather than the EPA. On the flip side, just living near a Superfund site does not automatically prove injury or causation.

In Michigan, a claim tied to contamination still rises or falls on evidence of exposure, illness, and who was responsible. Michigan's modified comparative fault rule, MCL 600.2959, can reduce damages if the injured person shares blame, and bars recovery if they are more than 50% at fault. Cleanup status may help show notice and hazard, but it is not a shortcut to compensation.

by Frank Kowalczyk on 2026-03-26

This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.

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