U.S. Supreme Court Holds State Courts Can Hear Challenges To EPA-Approved Clean-Ups
April 22, 2020
Shoshana (Suzanne Ilene) Schiller, Thomas M. Duncan
MGKF Litigation Blog
In a highly anticipated decision, on April 20, 2020, the U.S. Supreme Court ruled that state courts may award restoration damages to landowners who seek, under state law, a more expensive cleanup than that selected by EPA, but as potentially responsible parties under CERCLA they must first receive EPA’s approval of their alternative cleanup plan before they would be entitled to those damages. Atlantic Richfield Co. v. Christian, et al., No. 17-1498 (U.S. Apr. 20, 2020). Beyond its fact-specific holding, the opinion’s broader implications may have a significant impact on CERCLA cleanups and litigation going forward.