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
 
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 Document Lower Court Orders/Opinions Proof 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)
May 14 2018 Motion to extend the time to file a response from May 31, 2018 to July 2, 2018, submitted to The Clerk.
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.
May 31 2018 Brief amicus curiae of Washington Legal Foundation filed.
May 31 2018 Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Jul 02 2018 Brief of respondents Gregory A. Christian, et al. in opposition filed.
Jul 18 2018 DISTRIBUTED for Conference of 9/24/2018.
Jul 18 2018 Reply of petitioner Atlantic Richfield Co. filed. (Distributed)
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.
May 14 2019 DISTRIBUTED for Conference of 5/30/2019.
May 14 2019 Supplemental brief of petitioner Atlantic Richfield Co. filed. (Distributed)
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.
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.
Aug 21 2019 Joint appendix filed.
Aug 28 2019 Brief amicus curiae of United States filed.
Aug 28 2019 Brief amicus curiae of Washington Legal Foundation filed.
Aug 28 2019 Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Aug 28 2019 Brief amici curiae of Treasure State Resources Association of Montana, et al. filed.
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.
Oct 15 2019 Brief of respondents Gregory A. Christian, et al. filed.
Oct 22 2019 Brief amici curiae of Clark Fork Coalition and Montana Environmental Information Center filed.
Oct 22 2019 Brief amici curiae of Virginia, et al. filed.
Oct 22 2019 Brief amici curiae of Pacific Legal Foundation and Property and Environment Research Center filed.
Oct 22 2019 Brief amicus curiae of Public Citizen, Inc. filed. (Distributed)
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)
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)
Attorneys
Attorneys for Petitioners
Lisa S. Blatt
Counsel of Record
Williams & Connolly LLP
680 Maine Avenue SW
Washington, DC 20024

LBLATT@WC.COM
Ph: 202-434-5050
Party name: Atlantic Richfield Co.


Attorneys for Respondents
Joseph Russell Palmore
Counsel of Record
Morrison & Foerster LLP
2100 L Street, NW
Suite 900
Washington, DC 20037

JPALMORE@MOFO.COM
Ph: 202-887-6940
Party name: Gregory A. Christian, et al.


Other Attorneys
Kyle Anne Gray
Counsel of Record
Holland & Hart LLP
401 N. 31st Street
Suite 1500
Billings, MT 59101

kgray@hollandhart.com
Ph: (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
Ph: 7132291234
Party name: Chamber of Commerce of the United States of America, et al.


Cory L. Andrews
Washington Legal Foundation
2009 Massachusetts Avenue, N.W.
Washington, DC 20036

CANDREWS@WLF.ORG
Ph: 2025880302
Party name: Washington Legal Foundation


Corbin Knight Barthold
TechFreedom
1500 K Street NW, Floor 2
Washington, DC 20005

CBARTHOLD@TECHFREEDOM.ORG
Ph: 7712004997
Party name: Washington Legal Foundation


Noel John Francisco
Jones Day
51 Louisiana Avenue, NW
Washington, DC 20001

NJFRANCISCO@JONESDAY.COM
Ph: (202) 879-3939
Party name: United States


Toby Jay Heytens
Office of the Attorney General
202 North Ninth Street
Richmond, VA 23219

SolicitorGeneral@oag.state.va.us
Ph: (804) 786-7240
Party name: Virginia, et al.


Caleb Adam Jaffe
Environmental Law and Community Engagement Clinic
University of Virginia School of Law 580 Massie Road
Charlottesville, VA 22903

cjaffe@law.virginia.edu
Ph: 4349244776
Party name: Clark Fork Coalition and Montana Environmental Information Center


Scott Lawrence Nelson
Public Citizen Litigation Group
1600 20th Street, N.W.
Washington, DC 20009

SNELSON@CITIZEN.ORG
Ph: 202-588-1000
Party name: Public Citizen, Inc.


Jonathan Calvin Wood
Property and Environment Research Center
2048 Analysis Dr.
Ste. A
Bozeman, MT 59718

jonathan@perc.org
Ph: (406) 587-9591
Party name: Pacific Legal Foundation and Property and Environment Research Center