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Preemption › Contaminated Properties

Lathrop GPM

Supreme Court Issues Important Superfund Ruling

Lathrop GPM on

On April 20, 2020 the United States Supreme Court handed down an important decision on the reaches of settlements involving the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or “Superfund”)....more

Nutter McClennen & Fish LLP

Supreme Court Confirms State Court Jurisdiction Over Property Damage Claims, but Limits Restoration Remedies for Superfund Sites

Nutter McClennen & Fish LLP on

On April 20, 2020, in Atlantic Richfield Company v. Christian (ARCO v. Christian or ARCO), the U.S. Supreme Court held that federal Superfund law does not preclude individuals from filing state claims for further cleanup of...more

McGlinchey Stafford

Supreme Court hears arguments in CERCLA case that could have widespread ramifications

McGlinchey Stafford on

On December 3, 2019, the U.S. Supreme Court heard oral arguments in a CERCLA case that could have ramifications for industry around the country. The case, Atlantic Richfield Co. v. Christian (the Christian case), involves...more

(ACOEL) | American College of Environmental...

When Does “Responsible” Mean Never Having To Say You’re Sorry To CERCLA?

(ACOEL) | American College of Environmental... on

Given the billions of dollars that have been spent at federal Superfund sites, and the billions still to come, it is fascinating how relatively little attention has been devoted to the case of Atlantic Richfield Company...more

Downey Brand LLP

U.S. Supreme Court Watch (ARCO v. Christian): Can Private Parties Sue For More Clean Up Than EPA Requires?

Downey Brand LLP on

The Supreme Court will hear oral arguments today, December 3, in a CERCLA case that could have ramifications for environmental law practitioners around the country. The case, Atlantic Richfield Co. v. Christian (“the...more

Morgan Lewis

Tenth Circuit Finds Price-Anderson Act Does Not Preempt Nuisance Claims

Morgan Lewis on

This decision departs from all other federal circuits that have addressed the issue and, if adopted by other courts, represents a significant expansion of potential liability for operators in the nuclear energy industry....more

Beveridge & Diamond PC

A Municipal Ordinance Requiring Registration and Maintenance of Vacant or Foreclosed Properties Preempted under Chapter 21E

Beveridge & Diamond PC on

A municipal ordinance imposing registration and maintenance obligations upon owners and secured lenders of buildings that are vacant or undergoing foreclosure was preempted by the Massachusetts remediation and clean-up...more

Faegre Drinker Biddle & Reath LLP

Supreme Court's Petition Denial in Clean Air Act Pre-emption Case Reinforces Threat From Common Law Claims

Faegre Drinker Biddle & Reath LLP on

The United States Supreme Court denied a petition for certiorari earlier this month after the Iowa Supreme Court held in June that the plaintiffs' nuisance claims were not pre-empted by the Clean Air Act (CAA) in Freeman v....more

Beveridge & Diamond PC

Supreme Court Says CERCLA Does Not Preempt Repose Defense for Tort Claims

Beveridge & Diamond PC on

The U.S. Supreme Court has put to rest a longstanding legal question affecting the deadline for plaintiffs to bring toxic tort and contamination claims stemming from certain contaminated sites. CTS Corp. v. Waldburger, No....more

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