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“Arranger Liability Under CERCLA After Burlington Northern,” American Bar Association Mass Torts Litigation

Winter 2012

“In 2009, the U.S. Supreme Court decided the seminal case of Burlington Northern & S.F. R. Co. v. United States, 129 S. Ct. 1870 (2009), which fundamentally altered liability and damages analysis under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA),” writes Andrew J. Scholz of Goldberg Segalla’s Toxic Tort and Environmental Practice Group.

This article examines the impact of two years of subsequent case law addressing the scope of liability and divisibility of damages under CERCLA in light of the Burlington Northern decision.

Read the full article: