For nearly a century, the Anaconda Copper Smelter in Butte, Montana, contaminated an area of over 300 square miles with arsenic and lead. For the past 37 years, Atlantic Richfield Company has owned and operated on the land.

Ninety-eight landowners sued Atlantic Richfield in Montana state court for common law nuisance, trespass, and strict liability. Among other remedies, the landowners sought restoration damages, which must be spent on restoring the property under Montana law must be paid on restoring the property under Montana law. In addition, the landowners proposed restoration plan includes measures beyond those the agency found necessary to protect human health and the environment.

Question:

1. Based on the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), who should be responsible for the cleanup? Explain in detail.