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Expert Analysis

Superfund Ruling May Increase Landowners' Cleanup Liability

By Jeff Civins, Mary Mendoza and Ann Al-Bahish (May 21, 2020, 5:17 PM EDT) -- In Atlantic Richfield v. Christian, the U.S. Supreme Court held that: (1) The jurisdiction-stripping provisions of the Comprehensive Environmental Compensation and Liability Act, or CERCLA — also known as the Superfund law — do not bar plaintiffs from bringing state-law tort claims in state courts; and (2) landowners are potentially responsible parties, or PRPs, under CERLCLA when hazardous substances come to be located on their land....

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