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Topic

Superfund

122 published works

  1. Environmental Law & Policy Monitor

    Atlantic Richfield v. Christian Limits Property Owner Claims for Restoration Damages at Superfund Sites

    By Louise Dyble, Holly Hill, Andrew Perel, Angela Levin, Andrea Rimer Brogdon

    On April 20, the Supreme Court of the United States reversed the Montana Supreme Court’s decision in Atlantic Richfield Co. v. Christian, limiting restoration damages claims beyond Environmental Protection Agency-approved…

  2. Green Building Law Update

    Supreme Court Permits State Law Claims Against Superfund Property

    By Stuart Kaplow

    In an instructive environmental law decision last week, the U.S. Supreme Court held that the federal Superfund statute (the Comprehensive Environmental Response, Compensation and Liability Act) does not preclude owners…

  3. Supreme Court Update

    Ramos v. Louisiana (No. 18-5924), Atlantic Richfield v. Christian (No. 17-1498), Thryv, Inc. v. Click-to-Call Technologies (No. 18-916)

    By Tadhg Dooley, David R. Roth

    It was a busy week at the Court this week, as The Nine released opinions on two separate days, something it usually doesn’t do until June. Unfortunately, given their length…

  4. California Land Use & Development Law Report

    Supreme Court Limits Tort Claims By Homeowners at Superfund Sites

    By Perkins Coie

    The U.S. Supreme Court has issued a wide-ranging decision regarding the rights of homeowners affected by Superfund response actions, ruling that they are bound by CERCLA's ban on additional remedial…

  5. Environmental Law Next

    Supreme Court Green Lights State Law Claims in Superfund Context

    By Bob Baratta

    In Monday’s split decision, the U.S. Supreme Court held that the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) (i) does not preclude owners of contaminated property from pursuing state…

  6. Energy & Environmental Law Adviser

    Three Takeaways from Atlantic Richfield Supreme Court Decision Emphasizing EPA Primacy in Remedial Decision Making

    By J. Michael Showalter

    The U.S. Supreme Court recently decided Atlantic Richfield v. Christian, a Superfund case involving landowners who sought to use state law claims to compel Atlantic Richfield, the successor by merger…

  7. Law & The Environment

    It’s Still Good to Be King; SCOTUS Continues to Interpret CERCLA In Ways Unrecognizable to Practitioners

    By Seth Jaffe

    I have previously discussed how nice it must be for Supreme Court justices to reach judicial decisions from on high, without getting their collective hands dirty worrying about the practical…

  8. The Nickel Report

    Supreme Court Green Lights State Law Claims for Broader Cleanup at Superfund Sites, but only with EPA’s OK

    By Dan J. Jordanger, Eric J. Murdock, J. Tom Boer, Samuel L. Brown

    In its ruling today in Atlantic Richfield Company v. Christian, the Supreme Court upheld a decision by the Montana Supreme Court allowing owners of contaminated residential properties at one of…

  9. E2 Law Blog

    The Supreme Court Allows State Law Claims for More Cleanup on Superfund Sites . . . Sometimes

    By David Mandelbaum

    On April 20, the United States Supreme Court decided that Montana homeowners within a Superfund site could seek to recover the costs of restoration of their land to its uncontaminated…

  10. Workplace Safety and Environmental Law Alert Blog

    SCOTUS Holds Common Law Claims Seeking Restoration Require EPA’s Approval if CERCLA Remediation is Ongoing

    By Seyfarth Shaw LLP

    By Andrew H. Perellis, Jeryl L. Olson, and Patrick D. Joyce Seyfarth Synopsis: Consider this hypothetical. Acme Company’s historic operations has contaminated its property and those of its adjacent neighbors. Acme is undertaking…