The active role of state laws in superfund cleanups

Abstract The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) did not ignore the fifty individual states when establishing responsibility, authority, and liability for cleaning up hazardous waste sites. Although CERCLA gives EPA the ultimate authority to select a remedy for a contaminated site, the law was drafted not only to allow for state activity without EPA, but also for significant state input when EPA is involved. The relationship between a state (and its environmental laws) and EPA can help decide the remedial and financial interests of any potentially responsible party (PRP). This article discusses the relevant CERCLA provisions, recent court decisions, and resolved and unresolved issues in federal‐state Superfund involvement, and recommends several common‐sense strategies for PRPs when working with a state in a Superfund cleanup.