On April 30, a review by the US Supreme Court was halted at the request of the federal government despite its opinion of an improper ruling. The Montana Supreme Court ruled the state residents, represented by Morrison & Foerster’s Joseph R. Palmore, Bryan J Leitch, and James R. Sigel, had the right to sue Atlantic Richfield Co [Arco] for pollution cleanup costs.
The federal government’s brief stated the three key findings related to the Comprehensive Environmental Response, Compensation, and Liability Act were yet to be finalized given the pending appeal by Arco and the Montana Supreme Court’s remanding of the case back to district court, making it too early for the US Supreme Court to review. Law 360’s article, US Urges High Court To Skip Mont. Superfund Site Cost Case, discusses the case in further detail.