Burlington Northern

The Supreme Court’s recent Superfund decision may have a significant impact on future cleanups

As Dan has noted, on Monday the U.S. Supreme Court issued an opinion in a widely-watched case interpreting CERCLA, the Superfund law.  (Dan posted some brief thoughts about the opinion, BURLINGTON NORTHERN & SANTA FE RAILWAY.  CO V. UNITED STATES.)  Dan says that the part of the opinion dealing with apportionment of liability “does not purport to establish any new principles but does …


A Supreme Court Speed-Bump for Coeur Alaska

With the U.S. Supreme Court’s issuance of its major CERCLA opinion yesterday in Burlington Northern, the Court has now decided four of the five major environmental cases on its docket this Term. But a little-noticed order from the Court–also issued yesterday–suggests that the Court is struggling mightily with the fifth and final case, Coeur Alaska, …