Christian v. Atlantic Richfield Co.

¶80 I concur in the decision to reverse summary judgment in favor of ARCO on the Plaintiffs’ continuing tort claims. I agree that evidence of migration is not necessary to establish a continuing tort and I join the Court’s Opinion with respect to Issues Three and Four. I join the Court’s resolution of Issue Two and much of the discussion, as I also agree that the record reveals genuine issues of material fact on whether contamination continues to migrate. I do not join the Court’s discussion of Issue One, and I would not situate migration as a component of abatability as the Court does in…