joint and several

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 …


Supreme Court Narrows Hazardous Waste Liability

The Supreme Court decided an important Superfund case today, BURLINGTON NORTHERN & SANTA FE RAILWAY.  CO V. UNITED STATES.  The case narrowed a theory under which companies can be held liable for clean-up costs as “arrangers” of waste disposal. It also made it easier for lower courts to divide up liability between defendants, rather than …