WASHINGTON—Federal law bars Montana landowners from suing for damages to restore a polluted copper-smelting site to pristine, pre-smelting condition, which is beyond the current goal of the federal Superfund program that governs the remediation project, the Supreme Court heard Dec. 3.
The litigation is important because any decision the high court renders could give landowners greater incentives to seek restoration damages outside Superfund, which is administered by the U.S. Environmental Protection Agency (EPA), or provide clearer legal guidance to landowners.
