On June 10, 2019, the U.S. Supreme Court announced that it would
review a Montana Supreme Court decision that has important
implications for cleanup of sites under the federal Comprehensive
Environmental Response, Compensation & Liability Act
(CERCLA). In Atlantic Richfield Co. v. Gregory A.
Christian, et al., Atlantic Richfield Co. (Arco) is seeking
reversal of a Montana Supreme Court decision that allows private
residents to sue Arco for cleanup costs and "restoration
damages" of EPA-approved remediation that Arco is performing
on the residents' properties under CERCLA.
The cleanup relates to the Anaconda Smelter Superfund
site. Arco has spent decades and approximately $470 million
remediating the site and the surrounding properties of the
plaintiff residents and Arco's cleanup has been performed
pursuant to an EPA-approved cleanup plan. The plaintiff
residents are seeking for Arco to conduct further remediation and
soil removal on their properties. Arco argues
