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By Andrew Chung
WASHINGTON, Dec 3 (Reuters) - U.S. Supreme Court justices on
Tuesday appeared inclined to shield a unit of British oil major
BP Plc from claims seeking a more extensive cleanup of a
Superfund hazardous waste site in Montana than what federal
environmental officials had ordered.
The nine justices heard arguments in an appeal by Atlantic
Richfield Co of a Montana state court ruling allowing a group of
private landowners within the sprawling site of its former
Anaconda copper smelter in western Montana to bring their claims
for restoration damages to trial.
Liberal and conservative justices alike signaled their
concern that landowners could interfere with land remediation
efforts ordered by the U.S. Environmental Protection Agency.
Atlantic Richfield said the lower court's decision could
lead to the filing of thousands more lawsuits against companies
nationwide, and further complicate federally mandated
improvements to contaminated land.
Atlantic Richfield, backed by President Donald Trump's
administration and industry lobby groups including the U.S.
Chamber of Commerce and the National Association of
Manufacturers, has spent $450 million on soil and ground water
restoration at the site ordered by the EPA.
The Superfund program, started in 1980, is intended to
identify contaminated sites and ensure that those responsible
for the pollution pay for the hazardous waste cleanup. It has
been criticized over the years for slow efforts.
The case hinges on the scope of the Superfund law, called
the Comprehensive Environmental Response, Compensation and
Liability Act.
The Anaconda smelter, near the small community of
Opportunity, Montana, operated between 1884 and 1980 and
provided much of the world's copper supply.
The area is filled with creeks and streams that cross
forests and farmland. It was designated as a Superfund site in
1983 to reduce arsenic contamination in residential yards,
pastures and ground water.
Conservative Chief Justice John Roberts said that there
could be "significant adverse impacts" from landowners taking
actions that the EPA would oppose, noting the agency's concerns
about ground water in the Montana case.
Liberal Justice Stephen Breyer said channeling efforts
through the EPA would avoid "10,000 juries or 50 states"
imposing conflicting duties.
Much of the argument focused on whether each landowner was
considered a "potentially responsible party" who must seek the
EPA's approval under the law before undertaking restoration of
their own contaminated land.
The case began in 2008 when the landowners sued in state
court to restore their properties to pre-smelter conditions.
Atlantic Richfield said such state law claims were barred by
the EPA's actions under the Superfund law. The company also said
the litigation was prohibited by the U.S. Constitution's
so-called supremacy clause, which holds that federal law
generally trumps state law.
(Reporting by Andrew Chung; Editing by Will Dunham)
