Environmental lawyers and consultants are now grappling with how to advise clients about CERCLA liability since the U.S. Supreme Court issued its ruling in Burlington Northern and Santa Fe Railway Company, et al. v. United States in May 2009. The two-part decision addressed, among other things, whether the owners of a portion of a contaminated site could be held jointly and severally liable for the cleanup costs of the entire site.
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Robert Lucic & John DAgostino