Law360, New York (April 20, 2011, 1:49 PM ET) -- Burlington Northern v. United States, 129 S.Ct. 1870 (2009), was the first Comprehensive Environmental Response, Compensation and Liability Act action in which a district court determined the degree to which different parties contributed to the contamination at a site and apportioned liability accordingly. This article considers the implications of Burlington Northern for demonstrating a reasonable basis to apportion CERCLA liability.
Facts
In 1960, Brown & Bryant (B&B) began operating an agricultural chemical facility on its 3.8-acre parcel. B&B installed an unlined sump and an unlined pond...
Apportioning CERCLA Costs Post-Burlington Northern
To view the full article, take a free trial now.
