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Supreme Court to Review BP Unit's Mont. Superfund Case

Law360

10 Jun 2019
Reprinted with permission.

The U.S. Supreme Court will review a Montana Supreme Court decision holding that Montana residents represented by Morrison & Foerster can sue the Atlantic Richfield Co. (“ARCO”) for damages for pollution that ARCO caused despite the fact that ARCO has already spent significant time and money cleaning up the damage caused by its pollution.

ARCO, which worked with the U.S. Environmental Protection Agency for decades cleaning up the site, is arguing that the residents’ claim for damages is barred by the Comprehensive Environmental Response Compensation and Liability Act, which gives the EPA sole authority over how a site should be restored.

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