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No. 17-1498October Term 2019Decided Apr 20, 2020

Docket 17-1498October Term 2019 (2019–2020)

Atlantic Richfield Co. v. Christian

This case asked whether property owners within a federal Superfund cleanup site can use state-law claims to seek additional cleanup work beyond the remedy approved by the EPA.

Case status

Current stage
Decided
Latest event
Decision released Apr 20, 2020
Case Accepted
Arguments
Decision ReleasedApr 20, 2020
What it's about

This case asked whether property owners within a federal Superfund cleanup site can use state-law claims to seek additional cleanup work beyond the remedy approved by the EPA. It also asked whether those landowners count as potentially responsible parties under CERCLA, meaning they would need EPA approval before carrying out any such restoration work.

Question presented

1. Whether a common-law claim for restoration seeking cleanup remedies that conflict with EPA-ordered remedies is a "challenge" to EPA's cleanup jurisdictionally barred by § 113 of CERCLA. 2. Whether a landowner at a Superfund site is a "potentially responsible party" that must seek EPA's approval under CERCLA § 122(e)(6) before engaging in remedial action, even if EPA has never ordered the landowner to pay for a cleanup. 3. Whether CERCLA preempts state common-law claims for restoration that seek cleanup remedies that conflict with EPA-ordered remedies.

Case path

Supreme Court of Montana / Decision released Apr 20, 2020

Area

Decided Supreme Court case

Timing

Decided April 20, 2020

The Court released its decision on April 20, 2020 without hearing oral argument.