ELR Citation: 48 ELR 20000
No(s). OP 16-0555 (Mont. Dec 29, 2017)

The Montana Supreme Court held that owners of private land within a Superfund site can proceed with a compensation suit against an oil company to restore their properties beyond the remedies approved by EPA for the Superfund site as a whole. An oil company entered into a consent decree with EPA to remediate residential yards near a smelter that was the cause of arsenic pollution in soil and wells used for drinking water. Property owners within the site sought the opinion of outside experts to determine what remedies would restore their properties to pre-contamination levels. All the remedies required action in excess of EPA's agreement with the oil company, and the property owners brought suit against the oil company seeking restoration damages. The oil company claimed that CERCLA barred their claims as the suit interfered with EPA's authority. The Supreme Court disagreed, holding that proof of interference, not just the prospect of the defendant having to pay additional damages, must be shown for the claims to be dismissed. The court did not see any evidence that the residents' plan would interfere with EPA's remediation plan.