News & Events

News & Events

5.4.2009

U.S. Supreme Court Narrows Scope of Superfund Liability

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The United States Supreme Court has ruled that only persons who take intentional steps to dispose of a hazardous substance qualify for liability as an “arranger” under the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). In an 8-1 decision, the Court in Burlington Northern & Santa Fe Railway Co. v. U.S., adopted a narrow definition of “arranger” and, at the same time, endorsed an allocation method that could reduce the chances a responsible party might be held liable for all cleanup costs at a site. View full article (PDF).