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Scanning The Post-Burlington Northern CERCLA Landscape

2015-03-02 16:41:49| Railroads - Topix.net

Since the U.S. Supreme Court issued its landmark decision in Burlington Northern & Santa Fe Railway Co. v. United States, 556 U.S. 599 , holding that a party must "take intentional steps to dispose of a hazardous substance" to qualify as an "arranger" under 107 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9607 , several federal circuit courts have addressed the requisite intent that is necessary to establish a claim for "arranger liability."

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