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Atlantic Richfield Company v. Gregory A. Christian, et al.

Paid petition · Supreme Court of Montana, No. OP 16-0555 · judgment December 29, 2017

Decided · April 20, 2020
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a business petitioner.

Questions presented

In a divided decision that conflicts with decisions of federal courts of appeals nationwide, the Supreme Court of Montana held that landowners can pursue common-law claims for "restoration" requiring environmental cleanups at Superfund sites that directly conflict with EPA-ordered cleanups at these sites. The Montana court reached that result for one of the largest, oldest, and most expensive Superfund sites in the country, the Anaconda Smelter site. The court ignored EPA's views that the Superfund statute-the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)-barred the restoration claims and that plaintiffs' preferred remedies would hurt the environment. The state court's holding throws remediation efforts at Anaconda and other massive sites into chaos and opens the door for thousands of private individuals to select and impose their own remedies at CERCLA sites at a potential cost of many millions of dollars per site. The questions presented are:

  1. Whether a common-law claim for restoration seeking cleanup 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.

Counsel of record

For petitioner
Lisa S. Blatt
Williams & Connolly LLP

For respondent
Joseph Russell Palmore
Morrison & Foerster LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
4 cert-stage · 8 merits
(4 supporting pet./neither, 4 respondent)

Argument & decision

Argued December 3, 2019 — Lisa S. Blatt · Joseph R. Palmore. Audio and transcript

Decided April 20, 2020. Opinion by Roberts, C.J..

Proceedings

  1. Aug 02 2021
    Record returned to the U.S.D.C. Montana Second Judicial District. (3-Boxes)
  2. May 22 2020
    MANDATE ISSUED
  3. May 22 2020
    JUDGMENT ISSUED
  4. Apr 20 2020
    Adjudged to be AFFIRMED IN PART, VACATED IN PART, and case REMANDED. Roberts, C. J., delivered the opinion of the Court, Parts I and II–A of which were unanimous, Part II–B of which was joined by Thomas, Ginsburg, Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., and Part III of which was joined by Ginsburg, Breyer, Alito, Sotomayor, Kagan, and Kavanaugh, JJ. Alito, J., filed an opinion concurring in part and dissenting in part. Gorsuch, J., filed an opinion concurring in part and dissenting in part, in which Thomas, J., joined.
  5. Apr 06 2020
    Record material from the Supreme Court of Montana received electronically.
  6. Dec 03 2019
    Argued. For petitioner: Lisa S. Blatt, Washington, D. C.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Joseph R. Palmore, Washington, D. C.
  7. Nov 27 2019
    Record received from the U.S.D.C. Montana Second Judicial District. (3-Boxes)
  8. Nov 14 2019
    Reply of petitioner Atlantic Richfield Co. filed. (Distributed)
  9. Nov 04 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  10. Oct 25 2019
    CIRCULATED
  11. Oct 24 2019
    The Record from the Supreme Court of Montana is electronic and can be found on their docket (No. OP 16-0555). Go to supremecourtdocket.mt.gov.
  12. Oct 23 2019
    Record requested from the Supreme Court of Montana.
  13. Oct 22 2019
    Brief amici curiae of Clark Fork Coalition and Montana Environmental Information Center filed.
  14. Oct 22 2019
    Brief amici curiae of Virginia, et al. filed.
  15. Oct 22 2019
    Brief amici curiae of Pacific Legal Foundation and Property and Environment Research Center filed.
  16. Oct 22 2019
    Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
  17. Oct 15 2019
    Brief of respondents Gregory A. Christian, et al. filed.
  18. Sep 18 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  19. Sep 13 2019
    SET FOR ARGUMENT on Tuesday, December 3, 2019.
  20. Aug 28 2019
    Brief amicus curiae of United States filed.
  21. Aug 28 2019
    Brief amicus curiae of Washington Legal Foundation filed.
  22. Aug 28 2019
    Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
  23. Aug 28 2019
    Brief amici curiae of Treasure State Resources Association of Montana, et al. filed.
  24. Aug 21 2019
    Brief of petitioner Atlantic Richfield Co. filed.
  25. Aug 21 2019
    Joint appendix filed.
  26. Jun 27 2019
    Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 21, 2019. The time to file respondents' brief on the merits is extended to and including October 15, 2019. The reply brief is to be filed in compliance with Rule 25.3.
  27. Jun 17 2019
    Joint motion for an extension of time to file the briefs on the merits filed.
  28. Jun 10 2019
    Petition GRANTED.
  29. Jun 03 2019
    DISTRIBUTED for Conference of 6/6/2019.
  30. May 14 2019
    DISTRIBUTED for Conference of 5/30/2019.
  31. May 14 2019
    Supplemental brief of petitioner Atlantic Richfield Co. filed. (Distributed)
  32. Apr 30 2019
    Brief amicus curiae of United States filed.
  33. Oct 01 2018
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  34. Jul 18 2018
    DISTRIBUTED for Conference of 9/24/2018.
  35. Jul 18 2018
    Reply of petitioner Atlantic Richfield Co. filed. (Distributed)
  36. Jul 02 2018
    Brief of respondents Gregory A. Christian, et al. in opposition filed.
  37. May 31 2018
    Brief amicus curiae of Washington Legal Foundation filed.
  38. May 31 2018
    Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
  39. May 30 2018
    Brief amici curiae of Treasure State Resources Association of Montana, et al. filed.
  40. May 18 2018
    Motion to extend the time to file a response is granted and the time is extended to and including July 2, 2018.
  41. May 14 2018
    Motion to extend the time to file a response from May 31, 2018 to July 2, 2018, submitted to The Clerk.
  42. Apr 27 2018
    Petition for a writ of certiorari filed. (Response due May 31, 2018)
  43. Feb 20 2018
    Application (17A872) granted by Justice Kennedy extending the time to file until April 30, 2018.
  44. Feb 14 2018
    Application (17A872) to extend the time to file a petition for a writ of certiorari from March 29, 2018 to April 30, 2018, submitted to Justice Kennedy.
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