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One year after the ruling in which 98 Montana landowners within the boundary of a Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) Superfund site, sought compensation in state court relating to pollution damage to their properties.
Part of the damages sought were “restoration” damages which were intended to completely restore properties to the condition prior to contamination. Montana is the only state that recognizes restoration damages.
The Supreme Court of Montana restated that the United States Supreme Court’s ruling that Atlantic Richfield may be liable for the landowners’ remediation beyond what is required under CERCLA; however, the landowners need to obtain EPA approval for the remedial work. All further work that Atlantic Richfield may be liable for needs to be authorized by the EPA.
This ruling potentially broadens the ability to challenge an EPA clean-up and it defined the scope of federal jurisdiction under CERCLA.