The Supreme Court is scheduled to hear oral arguments for a case Tuesday that will determine whether a group of owners of polluted land have the right to use state law to sue the company that owns the smelter site responsible for the pollution for damages beyond the penalties and cleanup costs the federal government ordered.
Most of the clean up has been completed, EPA records show, but according to SCOTUS Blog,"outside experts" have said more work still needed to be done—work that the company alleged could make conditions worse by contaminating groundwater after digging up arsenic in the soil. Calcine being moved from the roasting furnaces at the Anaconda Copper Mining Company in Anaconda, Montana.In 2013, Atlantic Richfield argued that the Comprehensive Environmental Response, Compensation and Liability Act of 1980 exempted it from paying damages like the ones sought by the landowners.
Montana's Supreme Court did not concur with Atlantic Richfield's view that CERCLA prevented the landowners from demanding restoration damages, and upheld the lower courts' ruling in the landowners' favor. The company, however, appealed their case to the Supreme Court, which agreed to hear it.
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