Tuesday, November 23, 2010

Marten Law’s Blog Update of Superfund Liability after the BNSF Decision

One of the more informative environmental blogs I've seen is the Marten Law Blog about environmental law.

As readers of my blog know, I previously blogged about a Supreme Court case, Burlington Northern and Santa Fe Railway Co. v. United States (BNSF), (129. Ct. 1870, (2009)), in which the Court opined on two important Superfund issues - the appropriate standard for 'arranger' liability and the appropriate standard for establishing 'divisibility.'

In January of 2010, the Marten law blog summarized cases that substantively addressed BNSF in 2009 and, this month, followed up with a summary of cases decided in 2010.

I won't repeat that information here, (go to the Marten Law blog) other than to point out that there are fewer cases addressing divisibility issue which are, according to the Marten Law Blog, "highly fact-intensive, so far, too few to suggest a trend."

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