We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

New Hope For Defendants In Superfund Cases

Law360 (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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.