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Arranger Liability, Apportionment Under CERCLA

Law360 (May 20, 2009, 12:00 AM EDT) -- On May 4, 2009, the U.S. Supreme Court issued its long-awaited decision in Burlington Northern & Santa Fe Railway Co., et al. v. United States, et al., 556 U.S. ___ (2009).

This decision addresses two significant issues in the ever-evolving world of the Comprehensive Environmental Response, Compensation, and Liability Act.

First, the court ruled that parties that sell and deliver products to a site are not liable as “arrangers” under CERCLA, even if they knew that on-site spills of their products were likely to occur, unless...
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