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Case Summary Citation

Atlantic Richfield Company v. Montana Second Judicial District Court, 2017 MT 324, 390 Mont. 76, 408 P.3d 515 (Mont. Dec. 29, 2017)

Abstract

Landowners in Opportunity, Montana sought restoration damages from ARCO, Anaconda Copper Mining Company’s successor, to their property from over a century of processing ore at the Anaconda Smelter. ARCO argued that CERCLA preempted and barred any claim for restoration damages. The Montana Supreme Court held: landowners could bring their state common law claims seeking restoration damages; the state district court had subject matter jurisdiction; and landowners’ proposed restoration fund did not challenge EPA’s selected remedy under CERCLA.

Recommended Citation

Atlantic Richfield Company v. Montana Second Judicial District Court, 2017 MT 324, 390 Mont. 76, 408 P.3d 515 (Mont. Dec. 29, 2017)

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