[20200709]LSB10513_一扇门关闭时另一扇门打开：最高法院的裁决限制了对CERCLA清理的质疑但可能会扩大州法律要求.pdf

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, 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 not 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 litigants 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