“Article Title: Supreme Court says Montana landowners in Superfund fight must consult with EPA
Article Link: https://www.washingtonpost.com/politics/courts_law/supreme-court-montana-superfund-epa/2020/04/20/872f22e0-8309-11ea-ae26-989cfce1c7c7_story.html
The issue here regards the cleanup of contamination and whether landowners should be free to pursue action independent of the EPA in the cleanup effort.
On the one hand, Roberts, in the majority opinion notes (excerpt below is from the article):
Congress wanted to “ensure the careful development of a single EPA-led cleanup effort rather than tens of thousands of competing individual ones,” Chief Justice John G. Roberts Jr. wrote for the majority.
Gorsuch, who wrote the dissenting opinion for the court, had other ideas (excerpt below is from the article):
Joined by Justice Clarence Thomas, Gorsuch said that the majority’s reading of the law “strips away ancient common law rights from innocent landowners and forces them to suffer toxic waste in their backyards, playgrounds, and farms. Respectfully, that is not what the law was written to do; that is what it was written to prevent.”
Please read through the article to get the full context of the issue and respond stating whether, based on the information contained in the article, you would agree or disagree with the Courts judgement in this case. Additionally, please post a question to the class (regarding this controversy or the judiciary generally).