1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i When One Door Closes, Another One Opens: Supreme Court Ruling Restricts Challenges to CERCLA Cleanup But Could Expand State-Law Claims July 9, 2020 The Comprehensive Environmental Response, Compensation,
2、and Liability Act, also known as CERCLA or Superfund, places limits on how parties may challenge the scope of a plan to remediate hazardous waste contamination. On April 20, 2020, the Supreme Court ruled in Atlantic Richfield v. Christian that owners of property located within a Superfund site may n
3、ot pursue restoration of their property in a manner that conflicts with a plan approved by the U.S. Environmental Protection Agency (EPA) without EPAs approval. The Atlantic Richfield decision also addressed complicated questions regarding the jurisdiction of federal and state courts, holding that l
4、itigants can, subject to certain limitations, assert state-law claims that challenge an EPA-approved CERCLA cleanup plan in state courts. This Sidebar explains CERCLAs framework for developing and seeking review of cleanup plans, discusses the Atlantic Richfield decision, and considers the implicati
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