• Fifth Circuit Limits “Arranger Liability” Under CERCLA
  • April 22, 2015 | Author: Sudhir Lay Burgaard
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • On January 14, 2015, in Vine Street LLC v. Borg Warner Corp. (“Vine Street”), No. 07-40440 (5th Cir. 2015), the Fifth Circuit held that a company that had furnished dry cleaning equipment, design assistance, and a supply of perchloroethylene (“PERC”) to a dry cleaning business was not liable as an “arranger” under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), in light of the U.S. Supreme Court’s decision in Burlington Northern & Santa Fe Railway Co. v. United States (“Burlington Northern”), 556 U.S. 599 (2009).