Audit, Compliance and Risk Blog

Supreme Court decision provides Superfund Responsible Parties with some relief

Posted by Jon Elliott on Mon, Jul 27, 2020

Forty years ago, the federal “Superfund” law -- Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) – was enacted to provide legal requirements and procedural methodologies to speed identification and cleanup of contamination. Today, cleanups continue and the requirements and procedures continue to evolve. In April, the United States Supreme Court issued its latest decision interpreting a Superfund provision, this one defining clearer limitations on when the owners of contaminated land can force Responsible Parties for that contamination to pay for cleanup more extensive (and expensive) than cleanup ordered by the Environmental Protection Agency (EPA). The case is Atlantic Richfield Company v. Christian.

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Tags: EPA, RCRA, clean water, Supreme Court, Superfund law, CERCLA, The Montana Supreme Court