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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
- Argument analysis: Justices leaning toward a (possibly narrow) ruling for business in CERCLA suit (Amy Howe)
- Argument preview: Justices to consider whether CERCLA bars state lawsuit to restore hazardous-waste site (Amy Howe)
- Five new grants today (Amy Howe)
- Relist Watch (John Elwood)
- Solicitor general files invitation briefs (Amy Howe)
- Justices officially return from summer recess, issue orders from long conference (Amy Howe)
- Petition of the day (Aurora Barnes)
| Date | Proceedings and Orders |
|---|---|
| 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. |
| Feb 20 2018 | Application (17A872) granted by Justice Kennedy extending the time to file until April 30, 2018. |
| Apr 27 2018 | Petition for a writ of certiorari filed. (Response due May 31, 2018) |
| May 14 2018 | Motion to extend the time to file a response from May 31, 2018 to July 2, 2018, submitted to The Clerk. |
| 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. |
| May 30 2018 | Brief amici curiae of Treasure State Resources Association of Montana, et al. filed. |
| May 31 2018 | Brief amicus curiae of Washington Legal Foundation filed. |
| May 31 2018 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| Jul 02 2018 | Brief of respondents Gregory A. Christian, et al. in opposition filed. |
| Jul 18 2018 | DISTRIBUTED for Conference of 9/24/2018. |
| Jul 18 2018 | Reply of petitioner Atlantic Richfield Co. filed. (Distributed) |
| Oct 01 2018 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Apr 30 2019 | Brief amicus curiae of United States filed. |
| May 14 2019 | DISTRIBUTED for Conference of 5/30/2019. |
| May 14 2019 | Supplemental brief of petitioner Atlantic Richfield Co. filed. (Distributed) |
| Jun 03 2019 | DISTRIBUTED for Conference of 6/6/2019. |
| Jun 10 2019 | Petition GRANTED. |
| Jun 17 2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| 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. |
| Aug 21 2019 | Brief of petitioner Atlantic Richfield Co. filed. |
| Aug 21 2019 | Joint appendix filed. |
| Aug 28 2019 | Brief amicus curiae of United States filed. |
| Aug 28 2019 | Brief amicus curiae of Washington Legal Foundation filed. |
| Aug 28 2019 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| Aug 28 2019 | Brief amici curiae of Treasure State Resources Association of Montana, et al. filed. |
| Sep 13 2019 | SET FOR ARGUMENT on Tuesday, December 3, 2019. |
| Sep 18 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Oct 15 2019 | Brief of respondents Gregory A. Christian, et al. filed. |
| Oct 22 2019 | Brief amici curiae of Clark Fork Coalition and Montana Environmental Information Center filed. |
| Oct 22 2019 | Brief amici curiae of Virginia, et al. filed. |
| Oct 22 2019 | Brief amici curiae of Pacific Legal Foundation and Property and Environment Research Center filed. |
| Oct 22 2019 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| Oct 23 2019 | Record requested from the Supreme Court of Montana. |
| 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. |
| Oct 25 2019 | CIRCULATED |
| Nov 04 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Nov 14 2019 | Reply of petitioner Atlantic Richfield Co. filed. (Distributed) |
| Nov 27 2019 | Record received from the U.S.D.C. Montana Second Judicial District. (3-Boxes) |
| 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. |
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