Apportioning CERCLA Costs Post-Burlington Northern

Law360, New York (April 20, 2011, 1:49 PM EDT) -- 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.


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...
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