By Andrew H. PerellisJeryl L. Olson, and Patrick D. Joyce

Seyfarth Synopsis: Consider this hypothetical. Acme Company’s historic operations has contaminated its property and those of its adjacent neighbors. Acme is undertaking a CERCLA remedy under the oversight of U.S. EPA which the neighbors find inadequate, so the neighbors join together and sue in state court
Continue Reading SCOTUS Holds Common Law Claims Seeking Restoration Require EPA’s Approval if CERCLA Remediation is Ongoing

By Andrew H. Perellis and William R. Schubert

The Montana Supreme Court recently held that the statute of limitations provided no defense to a defendant even though the plaintiffs had not asserted their nuisance and trespass claims until decades after the initial discovery of contamination.

In Burley v. Burlington Northern & Santa Fe Railway Co., Mont., No. 11-0021 (Feb.
Continue Reading Burley v. BNSF: Montana Supreme Court Rules that Continuing Tort Doctrine Applies to Nuisance and Trespass Claims Involving Groundwater Contamination