Articles

Sugarman and Thomas: Can plaintiffs ‘squeeze’ restoration damages out of ELA?

On April 20, 2020, the U.S. Supreme Court issued its decision in Atlantic Richfield Co. v. Christian, No. 17-1498, 140 S.Ct. 1335. The Court’s holding was relatively simple: plaintiffs (Montana landowners) could bring state court claims pursuing cleanup of additional contamination from the “Anaconda Smelter,” but they were first required under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to seek the U.S. Environmental Protection Agency’s (EPA) approval for additional cleanup. While on its face this decision addresses the interplay between CERCLA and Montana state law claims, the ramifications of Atlantic Richfield may be felt in Indiana.

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SCOTUS rejects Trump election cases, will circulate Indy lawyer’s appeal

The Supreme Court on Monday rejected a handful of cases related to the 2020 election, including disputes from Pennsylvania that had deeply divided the justices just before the election. Still pending before the high court is a petition from an Indianapolis law firm for the high court to take up an appeal of former President Donald Trump’s Wisconsin election loss.

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