BNSF A Year Later: Joint And Several Liability

Law360, New York (April 27, 2010, 11:44 AM EDT) -- Nearly a year has passed since the U.S. Supreme Court decided Burlington Northern & Santa Fe Railway Co. v. United States, No. 07-1601, and its companion case, Shell Oil Co. v. United States, No. 07-1607, 556 U.S. ___, 129 S. Ct 1870 (May 4, 2009) (collectively, “BNSF”).

In the wake of the opinion, there was a flurry of commentary regarding its potential impact on Comprehensive Environmental Response, Compensation and Liability Act cost recovery actions — namely, the greater opportunity afforded by the Supreme Court to seek...
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