Justices To Face Suit On Reach Of CERCLA's Pre-Enforcement Review Bar

The U.S. Supreme Court could soon be asked to rule on whether the Superfund law's bar on pre-enforcement judicial review extends to state damages claims, opening the door to a ruling on an issue that many observers believe has long been resolved by courts. The review could be prompted by oil giant Atlantic Richfield Company (ARCO), the potentially responsible party (PRP) at the Anaconda Smelter site, MT. ARCO is poised to ask the U.S. Supreme Court to overturn a decision...