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Environmental & Energy,
U.S. Supreme Court

May 11, 2020

Ruling creates certainty and uncertainty at current and future Superfund sites

In a case watched closely by environmental attorneys around the country, the U.S. Supreme Court solidified the EPA's authority to determine cleanup remedies at Superfund sites under CERCLA while allowing private landowners to pursue restoration damages for more stringent cleanups in state court. Writing for the majority.

Leila Bruderer

Counsel
Downey Brand LLP

Email: lbruderer@downeybrand.com

Leila advises clients involved in environmental litigation matters, including complex multi-party lawsuits, CERCLA cost recovery actions, allocation litigation, government enforcement actions, toxic tort defense, and RCRA enforcement actions.

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Steven H. Goldberg

Partner
Downey Brand LLP

Phone: (916) 444-1000

Email: sgoldberg@downeybrand.com

Steve is one of the leading go-to environmental litigation and compliance attorneys in California.

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Robert P. Soran

Partner
Downey Brand LLP

Email: rsoran@downeybrand.com

Robert has over 25 years of experience advising and representing a wide range of clients in environmental compliance and enforcement matters before various local, state and federal agencies, as well as representing clients civil litigation in both state and federal courts, with an emphasis in claims under CERCLA/Superfund, RCRA, Clean Water Act, Clean Air Act, Porter-Cologne, Hazardous Substances Account Act (HSAA), and California's Proposition 65.

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Monica Browner

Associate
Downey Brand LLP

Monica is an associate in the firm's Natural Resources department.

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In a case watched closely by environmental attorneys around the country, the U.S. Supreme Court issued its opinion in Atlantic Richfield Co. v. Christian, 2020 DJDAR 3532 (April 20, 2020), that solidified the Environmental Protection Agency's authority to determine cleanup remedies at Superfund sites under the Comprehensive Environmental Response, Compen...

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