In The News

Justices Wrestle with Montana Superfund

Law360

03 Dec 2019

Joe Palmore was quoted in Law360’s coverage of the U.S. Supreme Court case Atlantic Richfield Co. v Christian et al.

Joe, who represents the Montana landowners in their claim against Atlantic Richfield Co. for restoration damages to clean up their properties on a Superfund site, told the justices that Arco and the government’s position means that property owners would not be allowed to so much as install a sandbox on their properties without getting clearance from the EPA.

“Montana, like many other states, has made the judgment that one who puts toxic materials on another person’s property is liable for trespass and nuisance and that a measure of recovery is the cost of removal,” Joe argued. “Nothing in CERCLA bars that core exercise of state authority to vindicate private property rights.”

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