Atlantic Richfield Co. v. Christian
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-1498 | 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
- Live blog of orders and opinions (Update: Completed) (Kalvis Golde, April 20, 2020)
- Opinion analysis: Broad consensus on a narrow win for business in Superfund dispute (Amy Howe, 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 23, 2018)
| Date | Proceedings and Orders |
|---|---|
| 02/14/2018 | 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. |
| 02/20/2018 | Application (17A872) granted by Justice Kennedy extending the time to file until April 30, 2018. |
| 04/27/2018 | Petition for a writ of certiorari filed. (Response due May 31, 2018) |
| 05/14/2018 | Motion to extend the time to file a response from May 31, 2018 to July 2, 2018, submitted to The Clerk. |
| 05/18/2018 | Motion to extend the time to file a response is granted and the time is extended to and including July 2, 2018. |
| 05/30/2018 | Brief amici curiae of Treasure State Resources Association of Montana, et al. filed. |
| 05/31/2018 | Brief amicus curiae of Washington Legal Foundation filed. |
| 05/31/2018 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| 07/02/2018 | Brief of respondents Gregory A. Christian, et al. in opposition filed. |
| 07/18/2018 | DISTRIBUTED for Conference of 9/24/2018. |
| 07/18/2018 | Reply of petitioner Atlantic Richfield Co. filed. (Distributed) |
| 10/01/2018 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 04/30/2019 | Brief amicus curiae of United States filed. |
| 05/14/2019 | DISTRIBUTED for Conference of 5/30/2019. |
| 05/14/2019 | Supplemental brief of petitioner Atlantic Richfield Co. filed. (Distributed) |
| 06/03/2019 | DISTRIBUTED for Conference of 6/6/2019. |
| 06/10/2019 | Petition GRANTED. |
| 06/17/2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| 06/27/2019 | 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. |
| 08/21/2019 | Brief of petitioner Atlantic Richfield Co. filed. |
| 08/21/2019 | Joint appendix filed. |
| 08/28/2019 | Brief amicus curiae of United States filed. |
| 08/28/2019 | Brief amicus curiae of Washington Legal Foundation filed. |
| 08/28/2019 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| 08/28/2019 | Brief amici curiae of Treasure State Resources Association of Montana, et al. filed. |
| 09/13/2019 | SET FOR ARGUMENT on Tuesday, December 3, 2019. |
| 09/18/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 10/15/2019 | Brief of respondents Gregory A. Christian, et al. filed. |
| 10/22/2019 | Brief amici curiae of Clark Fork Coalition and Montana Environmental Information Center filed. |
| 10/22/2019 | Brief amici curiae of Virginia, et al. filed. |
| 10/22/2019 | Brief amici curiae of Pacific Legal Foundation and Property and Environment Research Center filed. |
| 10/22/2019 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| 10/23/2019 | Record requested from the Supreme Court of Montana. |
| 10/24/2019 | 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. |
| 10/25/2019 | CIRCULATED |
| 11/04/2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 11/14/2019 | Reply of petitioner Atlantic Richfield Co. filed. (Distributed) |
| 11/27/2019 | Record received from the U.S.D.C. Montana Second Judicial District. (3-Boxes) |
| 12/03/2019 | 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. |
| 04/06/2020 | Record material from the Supreme Court of Montana received electronically. |
| 04/20/2020 | 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. |
| 05/22/2020 | MANDATE ISSUED |
| 05/22/2020 | JUDGMENT ISSUED |
| 08/02/2021 | Record returned to the U.S.D.C. Montana Second Judicial District. (3-Boxes) |