Partner J. Michael Showalter was quoted on the U.S. Supreme Court ruling in Atlantic Richfield v. Christian, which held that the Comprehensive Environmental Response, Compensation and Liability Act does not preempt all state law claims related to remediation-focused damages, but instead allowing such claims to proceed so long as they do not undercut the U.S. Environmental Protection Agency’s (EPA) ultimate cleanup authority.
However, Mike said the decision may have created openings for landowners seeking remedy revisions provided they obtain the EPA’s approval.
He said “...parties still may be vulnerable to state court claims by landowners that convince the EPA that the remedies they request do not threaten overall cleanups."
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