Atlantic Richfield Co. v. Christian
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-1498 | Mont. | Dec 3, 2019 | Apr 20, 2020 | 7-2 | Roberts | OT 2019 |
Holding: The Montana Supreme Court erred by holding that respondent landowners were not potentially responsible parties under the Comprehensive Environmental Response, Compensation, and Liability Act and thus did not need the Environmental Protection Agency’s approval to take remedial action.
Judgment: Affirmed in part, vacated in part and remanded, 7-2, in an opinion by Chief Justice Roberts on April 20, 2020. Parts I and II–A of the majority opinion were unanimous, Part II–B was joined by all but Justice Alito and Part III was joined by all but Justices Thomas and Gorsuch. Justice Alito filed an opinion concurring in part and dissenting in part. Justice Gorsuch filed an opinion concurring part and dissenting in part, in which Justice Thomas joined.
SCOTUSblog Coverage
- Opinion analysis: Broad consensus on a narrow win for business in Superfund dispute (Amy Howe, April 20, 2020)
- Live blog of orders and opinions (Update: Completed) (Kalvis Golde, April 20, 2020)
- Argument analysis: Justices leaning toward a (possibly narrow) ruling for business in CERCLA suit (Amy Howe, December 3, 2019)
- Argument preview: Justices to consider whether CERCLA bars state lawsuit to restore hazardous-waste site (Amy Howe, November 27, 2019)
- Five new grants today (Amy Howe, June 10, 2019)
- Relist Watch (John Elwood, June 6, 2019)
- Solicitor general files invitation briefs (Amy Howe, June 5, 2019)
- Justices officially return from summer recess, issue orders from long conference (Amy Howe, October 1, 2018)
- Petition of the day (Aurora Barnes, May 22, 2018)
| Date | Proceedings and Orders |
|---|---|
| Feb 14 2018 | Application (17A872) to extend the time to file a petition for a writ of certiorari from March 29, 2018 to April 30, 2018, submitted to Justice Kennedy. |
| Feb 20 2018 | Application (17A872) granted by Justice Kennedy extending the time to file until April 30, 2018. |
| Apr 27 2018 | Petition for a writ of certiorari filed. (Response due May 31, 2018) |
| May 14 2018 | Motion to extend the time to file a response from May 31, 2018 to July 2, 2018, submitted to The Clerk. |
| May 18 2018 | Motion to extend the time to file a response is granted and the time is extended to and including July 2, 2018. |
| May 30 2018 | Brief amici curiae of Treasure State Resources Association of Montana, et al. filed. |
| May 31 2018 | Brief amicus curiae of Washington Legal Foundation filed. |
| May 31 2018 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| Jul 02 2018 | Brief of respondents Gregory A. Christian, et al. in opposition filed. |
| Jul 18 2018 | DISTRIBUTED for Conference of 9/24/2018. |
| Jul 18 2018 | Reply of petitioner Atlantic Richfield Co. filed. (Distributed) |
| Oct 01 2018 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Apr 30 2019 | Brief amicus curiae of United States filed. |
| May 14 2019 | DISTRIBUTED for Conference of 5/30/2019. |
| May 14 2019 | Supplemental brief of petitioner Atlantic Richfield Co. filed. (Distributed) |
| Jun 03 2019 | DISTRIBUTED for Conference of 6/6/2019. |
| Jun 10 2019 | Petition GRANTED. |
| Jun 17 2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| Jun 27 2019 | Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 21, 2019. The time to file respondents' brief on the merits is extended to and including October 15, 2019. The reply brief is to be filed in compliance with Rule 25.3. |
| Aug 21 2019 | Brief of petitioner Atlantic Richfield Co. filed. |
| Aug 21 2019 | Joint appendix filed. |
| Aug 28 2019 | Brief amicus curiae of United States filed. |
| Aug 28 2019 | Brief amicus curiae of Washington Legal Foundation filed. |
| Aug 28 2019 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| Aug 28 2019 | Brief amici curiae of Treasure State Resources Association of Montana, et al. filed. |
| Sep 13 2019 | SET FOR ARGUMENT on Tuesday, December 3, 2019. |
| Sep 18 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Oct 15 2019 | Brief of respondents Gregory A. Christian, et al. filed. |
| Oct 22 2019 | Brief amici curiae of Clark Fork Coalition and Montana Environmental Information Center filed. |
| Oct 22 2019 | Brief amici curiae of Virginia, et al. filed. |
| Oct 22 2019 | Brief amici curiae of Pacific Legal Foundation and Property and Environment Research Center filed. |
| Oct 22 2019 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| Oct 23 2019 | Record requested from the Supreme Court of Montana. |
| Oct 24 2019 | The Record from the Supreme Court of Montana is electronic and can be found on their docket (No. OP 16-0555). Go to supremecourtdocket.mt.gov. |
| Oct 25 2019 | CIRCULATED |
| Nov 04 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Nov 14 2019 | Reply of petitioner Atlantic Richfield Co. filed. (Distributed) |
| Nov 27 2019 | Record received from the U.S.D.C. Montana Second Judicial District. (3-Boxes) |
| Dec 03 2019 | Argued. For petitioner: Lisa S. Blatt, Washington, D. C.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Joseph R. Palmore, Washington, D. C. |
| Apr 06 2020 | Record material from the Supreme Court of Montana received electronically. |
| Apr 20 2020 | Adjudged to be AFFIRMED IN PART, VACATED IN PART, and case REMANDED. Roberts, C. J., delivered the opinion of the Court, Parts I and II–A of which were unanimous, Part II–B of which was joined by Thomas, Ginsburg, Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., and Part III of which was joined by Ginsburg, Breyer, Alito, Sotomayor, Kagan, and Kavanaugh, JJ. Alito, J., filed an opinion concurring in part and dissenting in part. Gorsuch, J., filed an opinion concurring in part and dissenting in part, in which Thomas, J., joined. |
| May 22 2020 | MANDATE ISSUED |
| May 22 2020 | JUDGMENT ISSUED |
| Aug 02 2021 | Record returned to the U.S.D.C. Montana Second Judicial District. (3-Boxes) |
