The United States Supreme Court's weakening of the waiver of federal sovereign immunity under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or "the Act") is preventing federally contaminated sites such as the Washington Navy Yard from being fully remediated. In 1998, the United States Environmental Protection Agency (EPA) designated the Navy Yard- a property with a lengthy history of hazardous waste contamination- as a priority for cleanup pursuant to CERCLA. However, the hazardous waste currently contaminating the Navy Yard has not been remediated due to a lack of intra-governmental enforcement. This inaction leaves the people who live and work near the Navy Yard exposed to hazardous waste, which can have very severe health consequences.
Waxman, Nicole J. (2018) "The Federal Government's Sovereign Immunity Under CERCLA and its Effects on the Hazardous Waste Cleanup of the District of Columbia's Washington Navy Yard," Sustainable Development Law & Policy: Vol. 18 : Iss. 2 , Article 3. Available at: https://digitalcommons.wcl.american.edu/sdlp/vol18/iss2/3