Montana High Court Finds CERCLA Does Not Preempt Restoration Damages Claim

HELENA, Mont. - A 6-1 Montana Supreme Court on Dec. 29 found that property owners who live near the Anaconda Smelter Superfund site can seek restoration damages for arsenic contamination on their properties after finding that the cause of action is not preempted by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Atlantic Richfield Co. v. Montana Second Judicial District Court, Silver Bow County, et al., No. 16-0555, Mont. Sup., 2017 Mont. LEXIS 730).
Source: LexisNexis® Mealey's™ Emerging Toxic Torts Legal News - Category: Medical Law Source Type: news