Union Pacific May Intervene In CERCLA Suit: 10th Circ.

Law360, New York (November 11, 2009, 3:27 PM EST) -- Reversing a lower court decision, a federal appeals court has allowed Union Pacific Railroad Co. to intervene in a suit over cleanup costs at an Oklahoma waste oil refinery, in which the railroad operator is opposing a settlement between the U.S. government and 44 other potentially liable companies.

The U.S. Court of Appeals for the Tenth Circuit overturned a district court ruling that rejected Union Pacific's bid to intervene in the case, brought under the Comprehensive Environmental Response, Compensation and Liability Act.

The 44 companies —...
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