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The United States Law Week

Toxic Gloom Drives Montanans Back to Supreme Court

Oct. 1, 2019, 11:27 AM

The U.S. Supreme Court will hear oral arguments in December on whether the federal Superfund program can work alongside Montana’s broad constitutional guarantee to a “clean and healthful environment.”

State vs. Feds: Landowners in Butte say their soil is still polluted from the lead, arsenic, and cadmium that spewed from the Anaconda smelting site, even after 35 years of federal cleanup. Montana’s top court in 2017 allowed a suit against Atlantic Richfield, the current site owner.

End Run Around Superfund? ARCO says the EPA is the only authority that can direct cleanup at federal Superfund sites. If the court...

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