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The Importance Of Burlington Northern

Law360 (May 27, 2009, 12:00 AM EDT) -- The U.S. Supreme Court's decision in Burlington Northern & Santa Fe Railway Co. v. United States represents a stark shift away from joint and several liability under the Comprehensive Environmental Response, Compensation and Liability Act.

The court held that a reasoned estimate of the share of hazardous substances a responsible party contributed to the total amount of contamination at a site was enough to warrant apportionment solely of that share of cleanup costs to the party, leaving the government without recourse for a substantial orphan share....
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