High Court CERCLA Ruling Could Open Door For Climate Nuisance Cases

The outcome of the Superfund case scheduled for Dec. 3 Supreme Court oral argument could have implications for numerous pending climate change nuisance and trespass cases, potentially allowing those cases to proceed even if the court rules the Superfund preemption claims cannot, a legal expert says. Atlantic Richfield’s (ARCO) preemption arguments in ARCO v. Gregory Christian, et al. are “very nuanced” and “very targeted” on Superfund-specific issues and do not challenge common law trespass and nuisance claims brought by...