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Jun 12, 2019

U.S. Supreme Court to Address Important CERCLA Issue

On June 10, 2019, the U.S. Supreme Court announced that it would review a Montana Supreme Court decision that has important implications for cleanup of sites under the federal Comprehensive Environmental Response, Compensation & Liability Act (CERCLA).  In Atlantic Richfield Co. v. Gregory A. Christian, et al., Atlantic Richfield Co. (Arco) is seeking reversal of a Montana Supreme Court decision that allows private residents to sue Arco for cleanup costs and “restoration damages” of EPA-approved remediation that Arco is performing on the residents’ properties under CERCLA. The cleanup relates to the Anaconda Smelter Superfund site.  Arco has spent decades and… Read more