BNSF Doesn't Owe Cleanup Costs In Superfund Suit: 8th Circ.

Law360, New York (July 24, 2012, 4:31 PM EDT) -- The Eighth Circuit on Tuesday held that BNSF Railway Co. does not owe a railroad campus in Brainerd, Minn., costs for the cleanup of a Superfund site once owned by BNSF, saying the type of pollution removal performed was not recoverable under Minnesota law.

A three-judge panel upheld a lower court’s award of summary judgment to BNSF, agreeing with its finding that because the cleanup that Northern Pacific Center Inc. performed was meant for long-term results, not in response to an emergency, BNSF is not liable...
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