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Expert Analysis

Case Study: City Of Stockton V. BNSF Railway

Law360, New York (October 18, 2011, 1:17 PM EDT) -- On June 28, the Ninth Circuit issued a significant decision addressing recurring issues for environmental lawyers. Redevelopment Agency of the City of Stockton v. BNSF Railway Co., 643 F.3d 668 (9th Cir. 2011) ("City of Stockton") fills previous gaps in the case law regarding the applicability of the Comprehensive Environmental Response, Compensation and Liability Act, California nuisance law and "discharger" liability under California Water Code Section 13304 where a property redeveloper acts only passively and without knowledge of an existing nuisance....

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