state law claims

In a 7-2 decision in Atlantic Richfield v. Christian the Supreme Court held that landowners located on a Superfund site who wanted additional remedies beyond the Environmental Protection Agency (EPA) plan to clean up the site could not sue in state court.

The Comprehensive Environmental Response, Compensation, and Liability Act, also known as the Superfund statute, seeks “to promote the timely cleanup of hazardous waste sites and to ensure...

Atlantic Richfield Co. v. Christian is a complicated case raising three legal issues which the Supreme Court has agreed to decide. To summarize the case in one sentence, the owners of a Superfund site object to having to take remedial action not required by the Environment Protection Agency (EPA) to benefit landowners located within the bounds of the site.   

The Anaconda Smelter, now owned by ARCO, processed copper ore from Butte for nearly one hundred years before shutting down in 1980. That same year Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or Superfund law. The purpose of this law is to “foster the cleanup of sites contaminated by hazardous waste, and to protect human health and the environment.”