REPORT

Superfund Liability and Apportionment: Uncertainty Remains After Burlington

Bloomberg BNA’s expert authors discuss whether and how the scope of "arranger" liability and apportionment have been altered, four years after the Burlington Northern & Santa Fe Railway Co. v. United States decision. In addition, Bloomberg BNA reporters look other decisions, liability impacts, and apportionment under CERCLA resulting from the ruling.

 

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David J. Freeman and Harry H. Clayton IV, of Gibbons P.C., and Earl L. Hagstrom, of Sedgwick LLP, discuss whether and how the scope of "arranger" liability and apportionment have been altered, four years after the Burlington Northern & Santa Fe Railway Co. v. United States decision. In addition, two Bloomberg BNA reporters provide additional perspective on decisions interpreting Burlington Northern and its impact on liability and apportionment under CERCLA.

 


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