Supreme Court Rules Against Landowners in Montana Superfund Fight [The New York Times]
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Source: The New York Times
WASHINGTON — The Supreme Courtdealt a setbackThe source of the toxic waste was a copper smelter near Butte, Mont., which for nearly a century processed ore and released lethal chemicals into the environment, including, according to court records, as much as 62 tons of arsenic and 10 tons of lead each day.In 1983, a few years after the smelter was shut down, the Environmental Protection Agency designated the 300 square miles surrounding the smelter a Superfund site, requiring the parties responsible for the pollution to take steps to clean it up. Atlantic Richfield, which owns the smelter, says it has spent more than $450 million to fulfill that obligation.The landowners said more was required, and they proposed their own plans, suing the company to make it pay for them. The company responded that the E.P.A. has to approve the additional remediation sought by the landowners.Since the agency has not granted approval, the company argued, the Superfund law barred the suit. But the Montana
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