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Atlantic Richfield Co. v. Christian

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-1498 Mont. TBD TBD TBD TBD TBD

Issues: (1) Whether a common-law claim for restoration seeking cleanup remedies that conflict with remedies the Environmental Protection Agency ordered is a jurisdictionally-barred “challenge” to the EPA’s cleanup under 42 U.S.C. § 9613 of the Comprehensive Environmental Response, Compensation and Liability Act; (2) whether a landowner at a Superfund site is a “potentially responsible party” that must seek EPA approval under 42 U.S.C. § 9622(e)(6) of CERCLA before engaging in remedial action, even if the EPA has never ordered the landowner to pay for a cleanup; and (3) whether CERCLA pre-empts state common-law claims for restoration that seek cleanup remedies that conflict with EPA-ordered remedies.

SCOTUSblog Coverage

DateProceedings and Orders
Feb 14 2018Application (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.
Feb 20 2018Application (17A872) granted by Justice Kennedy extending the time to file until April 30, 2018.
Apr 27 2018Petition for a writ of certiorari filed. (Response due May 31, 2018)
May 14 2018Motion to extend the time to file a response from May 31, 2018 to July 2, 2018, submitted to The Clerk.
May 18 2018Motion to extend the time to file a response is granted and the time is extended to and including July 2, 2018.
May 30 2018Brief amici curiae of Treasure State Resources Association of Montana, et al. filed.
May 31 2018Brief amicus curiae of Washington Legal Foundation filed.
May 31 2018Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Term Snapshot