Government Tells High Court Landowners’ CERCLA Restoration Claim Preempted

Mealey's (September 3, 2019, 1:16 PM EDT) -- WASHINGTON, D.C. — The solicitor general told the U.S. Supreme Court in an amicus curiae brief filed Aug. 28 on behalf of the federal government in support of Atlantic Richfield Co. that it should vacate a Montana Supreme Court ruling denying the company’s motion for summary judgment because landowners’ claims for restoration damages under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are preempted (Atlantic Richfield Co. v. Gregory A. Christian, et al., No. 17-1498, U.S. Sup.)....