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Atlantic Richfield Co. v. Christian

Docket No. Op. Below Argument Opinion Vote Author Term
17-1498 Mont. Dec 3, 2019
Tr.
TBD TBD TBD OT 2019

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 (key to color coding)
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.
Jul 02 2018Brief of respondents Gregory A. Christian, et al. in opposition filed.
Jul 18 2018DISTRIBUTED for Conference of 9/24/2018.
Jul 18 2018Reply of petitioner Atlantic Richfield Co. filed. (Distributed)
Oct 01 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Apr 30 2019Brief amicus curiae of United States filed.
May 14 2019DISTRIBUTED for Conference of 5/30/2019.
May 14 2019Supplemental brief of petitioner Atlantic Richfield Co. filed. (Distributed)
Jun 03 2019DISTRIBUTED for Conference of 6/6/2019.
Jun 10 2019Petition GRANTED.
Jun 17 2019Joint motion for an extension of time to file the briefs on the merits filed.
Jun 27 2019Joint 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.
Aug 21 2019Brief of petitioner Atlantic Richfield Co. filed.
Aug 21 2019Joint appendix filed.
Aug 28 2019Brief amicus curiae of United States filed.
Aug 28 2019Brief amicus curiae of Washington Legal Foundation filed.
Aug 28 2019Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Aug 28 2019Brief amici curiae of Treasure State Resources Association of Montana, et al. filed.
Sep 13 2019SET FOR ARGUMENT on Tuesday, December 3, 2019.
Sep 18 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 15 2019Brief of respondents Gregory A. Christian, et al. filed.
Oct 22 2019Brief amici curiae of Clark Fork Coalition and Montana Environmental Information Center filed.
Oct 22 2019Brief amici curiae of Virginia, et al. filed.
Oct 22 2019Brief amici curiae of Pacific Legal Foundation and Property and Environment Research Center filed.
Oct 22 2019Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
Oct 23 2019Record requested from the Supreme Court of Montana.
Oct 24 2019The 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.
Oct 25 2019CIRCULATED
Nov 04 2019Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 14 2019Reply of petitioner Atlantic Richfield Co. filed. (Distributed)
Nov 27 2019Record received from the U.S.D.C. Montana Second Judicial District. (3-Boxes)
Dec 03 2019Argued. 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.
 
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