Topic
Superfund
122 published works
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…
Green Building Law Update
Supreme Court Permits State Law Claims Against Superfund Property
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…
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…
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…
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…
Energy & Environmental Law Adviser
Three Takeaways from Atlantic Richfield Supreme Court Decision Emphasizing EPA Primacy in Remedial Decision Making
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…
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…
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…
E2 Law Blog
The Supreme Court Allows State Law Claims for More Cleanup on Superfund Sites . . . Sometimes
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…
Workplace Safety and Environmental Law Alert Blog
SCOTUS Holds Common Law Claims Seeking Restoration Require EPA’s Approval if CERCLA Remediation is Ongoing
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…