The next Montana Supreme Court oral arguments will be heard on Wednesday, Jan. 14, at 9:30 a.m. in Gregory A. Christian, et. al. v. The Atlantic Richfield Co. (ARCO). A group of citizens of Opportunity, Montana, filed suit against ARCO to recover damages for elevated arsenic levels in their soils and other injuries to their properties from ARCO’s former industrial activities in the area. The Second Judicial District Court granted ARCO’s motion for summary judgment on grounds that the statute of limitations had expired — ARCO’s industrial activities in the area ended in 1980. In this appeal, the citizens argue that whether the statute of limitations has expired turns on a question of fact, not a legal question to be resolved by the court on summary judgment. They maintain that, under this Court’s opinion in Burley v. Burlington Northern & Santa Fe Railway Co., reasonably abatable pollution gives rise to a continuing tort, and the question of whether the pollution in Opportunity is reasonably abatable is a question of fact for a jury to decide. The case is No. DA 14-0015.
Posted on: Mon, 12 Jan 2015 18:09:01 +0000
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