Does the federal Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") bar a state law claim for restoration damages?
This question is of particular importance because CERCLA is not clear about whether it would bar a claim for restoration damages when the compensation for the damages would, by law, be spent on remedies that may supplement an existing remedy the EPA has chosen through CERCLA.
Dillon Haskell, Oral Argument Preview, Precap: Atlantic Richfield Company v. Montana Second Judicial Court, Silver Bow County, 78 Mont. L. Rev. Online 40, https://scholarship.law.umt.edu/mlr_online/vol78/iss1/5.