New Hope For Defendants In Superfund Cases

Law360, New York (May 20, 2009, 12:00 AM EDT) -- The recent Supreme Court decision in Burlington Northern v. United States will significantly affect the outcome of many pending and future Superfund disputes.

The opinion's two principal holdings narrow the scope and extent of many parties' liability at Superfund sites and breathe new life into defenses that had long been given little credence by the U.S. Environmental Protection Agency and the courts.

First, in a major departure from prior lower court decisions, the court held that a defendant must actually intend that waste be disposed of...
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