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Has the BNSF Case Changed the Superfund Practice?

Posted on February 5, 2010 by Bradley Marten It has been nearly nine months since the U.S. Supreme Court decided Burlington Northern.... Read More

Practical Impacts of Burlington Northern on Multi-Party Superfund Sites

Posted on January 29, 2010 by William Hyatt To many Superfund practitioners, United States v. Burlington Northern & Sante Fe Railway.... Read More

Ninth Circuit Rejects CERCLA UAO Due Process Challenge

Posted on January 6, 2010 by Theodore Garrett The 9th Circuit affirmed the dismissal, for lack of jurisdiction, over a “pattern.... Read More

Judge Dismisses Contribution Claims re: Fox River PCB Contamination

Posted on December 23, 2009 by Linda Bochert “Thus, the Plaintiffs’ present claim that they never knew about the dangers of.... Read More

Tenant Liability Under CERCLA: Is It time To Move Beyond Enforcement Discretion Guidance?

Posted on December 18, 2009 by Charles Efflandt Arguably the most significant moderation of CERCLA’s harsh “owner” liability scheme occurred in.... Read More

Statute of Limitations: Don’t Miss Your CERCLA Deadline

Posted on September 14, 2009 by Earl Phillips Overview         There are three avenues of recovery under CERCLA – a contribution action.... Read More

The Burlington Northern Decision

Posted on May 19, 2009 by John Barkett The Supreme Court’s decision in Burlington Northern was not unexpected from my vantage point especially.... Read More

A Rant Against Superfund

Posted on April 15, 2009 by Seth Jaffe As some of my clients know all too well, I’ve been spending a.... Read More

Superfund Liability and Apportionment – Burlington Northern v. United States

Posted on January 20, 2009 by Theodore Garrett Although the Superfund statute is now 28 years old, basic issues of liability.... Read More