ARCO Tells Court Section 6 Waiver Forecloses Myovi's Cost-Recovery Claim

Atlantic Richfield urged the court to resolve the case as a question of law, contending the declaration's Section 6 waiver clearly relinquishes certain environmental claims. "This case turns on the purely legal issues arising from the unambiguous words of the environmental declaration," ARCO counsel said, arguing that longstanding contract‑interpretation rules require enforcement of the waiver.

ARCO told the panel that permitting Myovi to pursue the cost‑recovery claim would allow the trial court to conduct a trial on a claim "that has been waived over 25 years ago," which ARCO said would be futile if an appellate court later enforces the waiver. The judge asked whether other declaration provisions (Sections 5 and 13) or limited exceptions should change the interpretation, and counsel discussed authorities on exclusive‑remedy clauses and specific performance.