Changes To Divisibility, Arranger Liability In CERCLA

Law360, New York (April 13, 2010, 1:08 PM EDT) -- Hazardous substance law has become increasingly dynamic over the last few years. The U.S. Supreme Court’s decision in United States v. Burlington Northern & Santa Fe Railway Co., 129 S. Ct. 1870 (“BNSF”), continued, if not accelerated, this uptick in activity.

BNSF upended conventional thinking about the function of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”) in two key areas:

(1) Does the seldom-used “divisibility” defense enjoy new life after BNSF; and

(2) Have the courts been too...
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