Changes To Divisibility, Arranger Liability In CERCLA
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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