White Paper

Supreme Court Rules Landowners at CERCLA Site Can’t Require Additional Cleanup


Review recent case law.

Private landowners at a federal Superfund site cannot use state law claims to require additional remediation without advance EPA approval, based on a limitation in the CERCLA. This white paper reviews this case and discusses the background behind the state court suit for restoration damages.



Pamela D. Marks, Esq.

Beveridge & Diamond, P.C.

  • Managing shareholder of the Baltimore, Maryland, regional office of Beveridge & Diamond, P.C.
  • Practice emphasizes hazardous and solid waste management, water pollution control issues, remediation, permitting, CERCLA, and related litigation
  • Assists clients with environmental auditing and environmental management systems
  • Advises on a range of environmental issues related to real estate transactions and development
  • J.D. degree, University of Pennsylvania
  • Can be contacted at 410-230-1300 or [email protected]

Steven M. Jawetz

Beveridge & Diamond, P.C.

Steven M. Jawetz is a Principal in the Washington, D.C. office of Beveridge & Diamond, P.C. His practice focuses on remediation and natural resource damages (NRD) matters under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) and similar state statutes imposing liability for hazardous substance releases. He also regularly addresses PCB cleanup issues under the Toxic Substances Control Act (TSCA).

Augustus E. Winkes

Beveridge & Diamond PC

Augustus E. Winkes is an associate with Beveridge & Diamond PC. Gus focuses his practice on contaminated site cleanup and litigation under CERCLA and state superfund statutes. He also advises clients on regulatory compliance and defends enforcement actions under federal and state water quality, air quality, and climate change laws.

Lindsey K. Selba

Beveridge & Diamond, P.C.

Lindsey K. Selba is an associate in the Baltimore, MD office of Beveridge & Diamond, P.C. She maintains a general environmental, litigation, and regulatory practice in addition to a pro bono practice. Ms. Selba's practice focuses primarily on Clean Air Act and Clean Water Act citizen suit litigation.

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