What is a CERCLA § 107(r) windfall lien?

Under section 107(r) of the Comprehensive Environmental Response, Compensation, and Liability Act (commonly known as Superfund), a windfall lien is a statutory lien on a property for the increase in the fair market value of that property attributable to the EPA's cleanup efforts. It is not a lien for all of the EPA's unrecovered response costs (section 107(l)). The windfall lien is limited to the lesser of the EPA's unrecovered response costs or the increase in fair market value attributable to the EPA's cleanup. A windfall lien can only arise on properties where the United States spends money cleaning up the property. Thus, at the vast majority of Brownfield sites, there is no windfall lien.

Additional information on liens is available on the Superfund Enforcement Policy and Guidance Database category on liens.