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Supreme Court Limits CERCLA Arranger Liability and Upholds Apportionment Over Joint & Several Liability by Sharon R. Newlon
Dickinson Wright PLLC - Detroit Office
Tammy L. Helminski
Dickinson Wright PLLC - Detroit Office
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June 2, 2009
Previously published on May 2009
In its opinion issued on May 4, 2009 for the consolidated CERCLA cases of Burlington Northern & Santa Fe Railway Co, et. al v. United States and Shell Oil Co. v. United States, the Supreme Court limited arranger liability and found the methods of liability apportionment used by the District Court for the Eastern District of California to be reasonable such that joint and several liability did not apply.
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