| No. 17-1498 | |
| Title: | Atlantic Richfield Company, Petitioner v. Gregory A. Christian, et al. |
| Docketed: | May 1, 2018 |
| Linked with 17A872 | |
| Lower Ct: | Supreme Court of Montana |
| Case Numbers: | (OP 16-0555) |
| Decision Date: | December 29, 2017 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Feb 14 2018 | Application (17A872) to extend the time to file a petition for a writ of certiorari from March 29, 2018 to April 30, 2018, submitted to Justice Kennedy. |
| Main DocumentLower Court Orders/OpinionsProof of Service | |
| Feb 20 2018 | Application (17A872) granted by Justice Kennedy extending the time to file until April 30, 2018. |
| Apr 27 2018 | Petition for a writ of certiorari filed. (Response due May 31, 2018) |
| PetitionProof of ServiceCertificate of Word Count | |
| May 14 2018 | Motion to extend the time to file a response from May 31, 2018 to July 2, 2018, submitted to The Clerk. |
| Main Document | |
| May 18 2018 | Motion to extend the time to file a response is granted and the time is extended to and including July 2, 2018. |
| May 30 2018 | Brief amici curiae of Treasure State Resources Association of Montana, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 31 2018 | Brief amicus curiae of Washington Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 31 2018 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 02 2018 | Brief of respondents Gregory A. Christian, et al. in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jul 18 2018 | DISTRIBUTED for Conference of 9/24/2018. |
| Jul 18 2018 | Reply of petitioner Atlantic Richfield Co. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 01 2018 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Apr 30 2019 | Brief amicus curiae of United States filed. |
| Main DocumentProof of Service | |
| May 14 2019 | DISTRIBUTED for Conference of 5/30/2019. |
| May 14 2019 | Supplemental brief of petitioner Atlantic Richfield Co. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 03 2019 | DISTRIBUTED for Conference of 6/6/2019. |
| Jun 10 2019 | Petition GRANTED. |
| Jun 17 2019 | Joint motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Jun 27 2019 | Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 21, 2019. The time to file respondents' brief on the merits is extended to and including October 15, 2019. The reply brief is to be filed in compliance with Rule 25.3. |
| Aug 21 2019 | Brief of petitioner Atlantic Richfield Co. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 21 2019 | Joint appendix filed. |
| Main DocumentProof of Service | |
| Aug 28 2019 | Brief amicus curiae of United States filed. |
| Main DocumentCertificate of Word Count | |
| Aug 28 2019 | Brief amicus curiae of Washington Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 28 2019 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 28 2019 | Brief amici curiae of Treasure State Resources Association of Montana, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 13 2019 | SET FOR ARGUMENT on Tuesday, December 3, 2019. |
| Sep 18 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Proof of ServiceMain Document | |
| Oct 15 2019 | Brief of respondents Gregory A. Christian, et al. filed. |
| Certificate of Word CountProof of ServiceMain Document | |
| Oct 22 2019 | Brief amici curiae of Clark Fork Coalition and Montana Environmental Information Center filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 22 2019 | Brief amici curiae of Virginia, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 22 2019 | Brief amici curiae of Pacific Legal Foundation and Property and Environment Research Center filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 22 2019 | Brief amicus curiae of Public Citizen, Inc. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 23 2019 | Record requested from the Supreme Court of Montana. |
| Oct 24 2019 | The Record from the Supreme Court of Montana is electronic and can be found on their docket (No. OP 16-0555). Go to supremecourtdocket.mt.gov. |
| Oct 25 2019 | CIRCULATED |
| Nov 04 2019 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Nov 14 2019 | Reply of petitioner Atlantic Richfield Co. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 27 2019 | Record received from the U.S.D.C. Montana Second Judicial District. (3-Boxes) |
| Dec 03 2019 | Argued. For petitioner: Lisa S. Blatt, Washington, D. C.; and Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Joseph R. Palmore, Washington, D. C. |
| Apr 06 2020 | Record material from the Supreme Court of Montana received electronically. |
| Apr 20 2020 | Adjudged to be AFFIRMED IN PART, VACATED IN PART, and case REMANDED. Roberts, C. J., delivered the opinion of the Court, Parts I and II–A of which were unanimous, Part II–B of which was joined by Thomas, Ginsburg, Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., and Part III of which was joined by Ginsburg, Breyer, Alito, Sotomayor, Kagan, and Kavanaugh, JJ. Alito, J., filed an opinion concurring in part and dissenting in part. Gorsuch, J., filed an opinion concurring in part and dissenting in part, in which Thomas, J., joined. |
| May 22 2020 | MANDATE ISSUED |
| May 22 2020 | JUDGMENT ISSUED |
| Aug 02 2021 | Record returned to the U.S.D.C. Montana Second Judicial District. (3-Boxes) |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Lisa Schiavo Blatt Counsel of Record | Williams & Connolly LLP 725 Twelfth Street, NW Washington, DC 20005 lblatt@wc.com | 202-434-5050 |
| Party name: Atlantic Richfield Co. | ||
| Attorneys for Respondents | ||
| Joseph Russell Palmore Counsel of Record | Morrison & Foerster LLP 2000 Pennsylvania Ave., NW Washington, DC 20006 jpalmore@mofo.com | 202-887-6940 |
| Party name: Gregory A. Christian, et al. | ||
| Other | ||
| Kyle Anne Gray Counsel of Record | Holland & Hart LLP 401 N. 31st Street Suite 1500 Billings, MT 59101 kgray@hollandhart.com | (406) 252-2166 |
| Party name: Treasure State Resources Association of Montana, et al. | ||
| Aaron Michael Streett Counsel of Record | Baker Botts, L.L.P. 910 Louisiana Street Houston, TX 77002 aaron.streett@bakerbotts.com | 713-229-1234 |
| Party name: Chamber of Commerce of the United States of America, et al. | ||
| Cory L. Andrews | Washington Legal Foundation 2009 Massachusetts Avenue, NW Washington, DC 20036 candrews@wlf.org | (202) 588-0302 |
| Party name: Washington Legal Foundation | ||
| Corbin Knight Barthold Counsel of Record | Washington Legal Foundation 2009 Massachusetts Ave., NW Washington, DC 20036 cbarthold@wlf.org | 2025880302 |
| Party name: Washington Legal Foundation | ||
| Noel John Francisco | Jones Day 51 Louisiana Avenue, NW Washington, DC 20001 njfrancisco@jonesday.com | (202) 879-3939 |
| Party name: United States | ||
| Toby Jay Heytens Counsel of Record | Office of the Attorney General 202 North Ninth Street Richmond, VA 23219 SolicitorGeneral@oag.state.va.us | (804) 786-7240 |
| Party name: Virginia, et al. | ||
| Caleb Adam Jaffe Counsel of Record | Environmental and Regulatory Law Clinic University of Virginia School of Law 580 Massie Road Charlottesville, VA 22903 cjaffe@law.virginia.edu | 4349244776 |
| Party name: Clark Fork Coalition and Montana Environmental Information Center | ||
| Scott Lawrence Nelson Counsel of Record | Public Citizen Litigation Group 1600 20th Street, N.W. Washington, DC 20009 snelson@citizen.org | 202-588-1000 |
| Party name: Public Citizen, Inc. | ||
| Jonathan Calvin Wood Counsel of Record | Pacific Legal Foundation 3100 Clarendon Blvd., Suite 610 Arlington, VA 22201-5330 jwood@pacificlegal.org | (202) 888-6881 |
| Party name: Pacific Legal Foundation and Property and Environment Research Center | ||