High Court to Decide Who Should Pay for Cleanup Under CERCLA

December 18, 2008
Lynn Rosener Rauch
The Legal Intelligencer

On Oct. 1, the U.S. Supreme Court agreed to hear the challenges of Shell Oil Co. and railroads Burlington Northern & Santa Fe Railway Co. and Union Pacific Railroad Co., from the decision of the 9th U.S. Circuit Court of appeals in Burlington Northern & Santa Fe Railway Co. v. United States and Shell Oil Co. v. United States. In their petitions for certiorari, Shell and the railroads asked the Supreme Court to consider issues concerning joint and several liability under the Comprehensive Environmental Response, Compensation and Liability Act, or CERCLA, and the manner in which liability to fund the cleanup of a Superfund site may be apportioned.

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