BNSF, Union Pacific Not Liable For Pollution: 9th Circ.

Law360, Washington (June 28, 2011, 5:10 PM EDT) -- The Ninth Circuit on Tuesday ruled that BNSF Railway Co. and Union Pacific Railroad Co. were not liable under California environmental laws for diesel fuel contamination stemming from a state highway expansion.

The two railroad companies formerly maintained tracks on a parcel of land contaminated with petroleum in Stockton, Calif., which sued them under California’s Polanco Redevelopment Act for the contamination and won. The companies had also appealed a post-judgment order awarding nearly $1 million in attorneys' fees to the Stockton agency responsible for managing the...
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