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Environmental Law
: Environmental Legal BlogsSUPREME COURT ISSUES LANDMARK SUPERFUND DECISION
By STEPHEN HOLZER
Burlington Northern & Santa Fe Railway Co. et al. v. United States, issued by the U.S. Supreme Court on May 4, 2009, makes 2 landmark changes (or at least clarifications) in Superfund jurisprudence:
First, for someone to be liable as an "arranger" under the law, that person must have an "intent" to dispose of the hazardous substance at issue; and,
Second, while Superfund liability is presumed to be joint and several, a Responsible Party can defeat joint and serveral liability if that party can show there is a "reasonable basis" to apportion liability (i.e., to make liability only several).
The Court's Slip Opinion opinion is at the link above.
Full post as published by Environmental Legal Blogs on May 24, 2009 (boomark / email).
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