Read the full story in the National Law Review.
The U.S. Supreme Court agreed on June 10, 2019, to review a case involving “immensely important” questions regarding clean-up activities required by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). In Atlantic Richfield Co. v. Christian Atlantic Richfield (ARCO) is seeking to overturn a decision by the Montana Supreme Court allowing property owners to seek in Montana state court restoration damages that went beyond a clean-up plan determined and mandated by the EPA. The EPA clean-up plan concerned the massive and historic Anaconda Smelter copper mining contamination that impacted more than 300 square miles, including residential communities. The EPA clean-up plan was ultimately agreed to by Anaconda’s successor, ARCO, after a lengthy and exhaustive remediation investigation and a Record of Decision consisting of more than 1,300 pages.