SCOTUS to Consider ARCO Superfund Preemption Case

The U.S. Supreme Court will consider whether the Superfund law preempts common law restoration claims, the court announced June 10.

The Montana Supreme Court ruled that private party claims may proceed under state law against Atlantic Richfield Co. for restoration damages.

ARCO argued that ruling would disrupt remedies thought to be long settled and undermine companies’ abilities to work with EPA.

The case stems from contamination from a copper smelter operated by Anaconda Co., ARCO’s predecessor, near the community of Opportunity, Mont.

The U.S. Environmental Protection Agency designated the area surrounding the smelter as a Superfund site, and ordered ARCO ...