Atlantic Richfield Co. v. Christian Viewed Through a Tribal Lens

Connie Sue Martin*

On April 20, 2020 the United States Supreme Court issued its decision in Atlantic Richfield Co. v. Christian (ARCO),[1] a case involving landowners who sought to use Montana state law claims to compel Atlantic Richfield to perform a more extensive cleanup than EPA required under CERCLA. Many commentators have written about the case, but little has been said about what ARCO means for CERCLA sites where Indian tribes have interests. Pro tip: neither ARCO nor CERCLA preclude tribes from forcing a more extensive cleanup than EPA has deemed sufficient.

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