Atlantic Richfield Co. v. Christian

U.S. Supreme Court

Question(s) Presented

1. Whether a common-law claim for restoration seeking clean-up remedies that conflict with EPA-ordered remedies is a “challenge” to EPA’s cleanup jurisdictionally barred by § 113 of CERCLA.

2. Whether a landowner at a Superfund site is a “potentially responsible party” that must seek EPA’s approval under CERCLA § 122(e)(6) before engaging in remedial action, even if EPA has never ordered the landowner to pay for a cleanup.

3. Whether CERCLA preempts state common-law claims for restoration that seek cleanup remedies that conflict with EPA-ordered remedies.

Tab Group

Petition Stage

Cert. petition granted

June 10, 2019

The Supreme Court will determine whether the Comprehensive Environmental, Response, Compensation, and Liability Act (also known as Superfund) preempts state law claims for additional cleanup on remediated sites. The Montana Supreme Court allowed private plaintiffs to bring state law tort claims to force remedies beyond what EPA deemed necessary. This would disrupt millions of dollars in cleanup actions that were performed under EPA oversight, and undermine the liability shield afforded to parties who settle Superfund suits with the government.

The U.S. Chamber led a coalition amicus brief urging the Court to take this case. The Solicitor General recommended that the Court deny the petition, but the Court rejected that recommendation.

U.S. Chamber urges Supreme Court to review whether CERCLA preempts private parties from seeking “restoration plans” under state law that conflict with EPA’s approved CERCLA remedies

May 31, 2018

Click here to view the amicus brief filed jointly by the U.S. Chamber, National Association of Manufacturers, American Fuel & Petrochemical Manufacturers, National Mining Association, American Petroleum Institute, and Superfund Settlements Project.

Aaron M. Streett, J. Mark Little, and Martha S. Thomsen of Baker Botts L.L.P. served as co-counsel for the amici.

Case Documents

Petition

Lower Court Orders, Opinion -- Atlantic Richfield Co. v. Christian (U.S. Supreme Court).pdf

Cert. Petition -- Atlantic Richfield Co. v. Christian (U.S. Supreme Court).pdf

Treasure State Resources Association of Montana, et. al Amicus Brief -- Atlantic Richfield Co. v. Christian (U.S. Supreme Court).pdf

U.S. Chamber, et. al Amicus Brief -- Atlantic Richfield Co. v. Christian (U.S. Supreme Court).pdf

Reply Brief for Petitioner -- Atlantic Richfield Co. v. Christian (U.S. Supreme Court).pdf