SCOTUS Holds Superfund Does Not Preempt State Law Claims, but Precludes State Court Challenges to EPA’s Remediation Decisions

The Supreme Court held on April 20, 2020, in a broad consensus decision, that landowners affected by a Superfund site can sue under state law for damages to their properties, but those damages may not include the cost to restore the plaintiffs’ properties based on their preferred cleanup remedy if that remedy is not approved…

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