The Future Of Superfund Site Liability

Law360 (May 21, 2009, 12:00 AM EDT) -- On May 4, 2009 the U.S. Supreme Court decided the cases of Burlington Northern & Santa Fe Railway v. United States, No. 07-1601, (BNSF) and its companion case, Shell Oil Co. v. United States, No. 07-1607, 556 U.S. ___, Slip Op. (Shell).

The decision gives important new guidance on what degree of intention is needed for a person to be found an “arranger” for the disposal of hazardous substances.

It also allows for the apportionment of liability among defendants despite a governmental or another plaintiff’s seeking...
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