High Court May Take On Preemption In Superfund Case

Law360 (June 26, 2019, 2:50 PM EDT) -- On June 10, 2019, the U.S. Supreme Court granted a writ of certiorari to review a decision by the Montana Supreme Court allowing common-law “restoration” claims for environmental cleanup at sites already subject to U.S. Environmental Protection Agency cleanup orders. The case, which includes issues of federalism and jurisdiction, could implicate the EPA’s authority in selecting site remedies and the statutory scheme designed to prevent inconsistent remedial obligations.

The Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA — also known as Superfund — has primary goals of promoting the timely cleanup of hazardous waste sites, ensuring polluters are held responsible...

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