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Atlantic Richfield Co. v. Christian

Docket No.17-1498
Op. BelowMont.
ArgumentDec 3, 2019

Holding

The Montana Supreme Court erred by holding that respondent landowners were not potentially responsible parties under the Comprehensive Environmental Response, Compensation, and Liability Act and thus did not need the Environmental Protection Agency's approval to take remedial action.

Judgment

Affirmed in part, vacated in part and remanded, 7-2, in an opinion by John Roberts on Apr 20, 2020. Parts I and II–A of the majority opinion were unanimous, Part II–B was joined by all but Justice Alito and Part III was joined by all but Justices Thomas and Gorsuch. Justice Alito filed an opinion concurring in part and dissenting in part. Justice Gorsuch filed an opinion concurring part and dissenting in part, in which Justice Thomas joined.

Proceedings & orders timeline

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 2, 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 1, 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 3, 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 4, 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 3, 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.
Apr 6, 2020
Record material from the Supreme Court of Montana received electronically.
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.
May 22, 2020
MANDATE ISSUED
May 22, 2020
JUDGMENT ISSUED
Aug 2, 2021
Record returned to the U.S.D.C. Montana Second Judicial District. (3-Boxes)

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