On April 20, 2020, the U.S. Supreme Court reversed a Montana Supreme Court ruling that allowed private landowners to impede the EPA’s efforts to clean a large hazardous-waste site. Federal law blocks states or private parties from interfering with the EPA-directed cleanup of such a site. The Montana high court nonetheless affirmed an order allowing landowners to seek money for a cleanup plan that conflicts with an EPA-directed cleanup plan. The U.S. Supreme Court agreed with the petitioner—and with an amicus brief filed by WLF—that the landowners’ suit could not proceed without EPA approval.
August 28, 2019 merits-stage brief