for King County Bar Association
1. Burlington Northern & Santa Fe Ry. v. United States, Nos. 07-1601 and 07-1607, SUPREME COURT OF THE UNITED STATES, February 24, 2009, Argued, May 4, 2009, Decided ** Together with No. 07-1607, Shell Oil Co. v. United States et al., also on certiorari to the same court.
OVERVIEW: Supplier of pesticides to a distributor and an owner of property which was a portion of a site contaminated by hazardous substances were not jointly and severally liable for remediation costs under CERCLA, since the supplier did not intentionally arrange for disposal of hazardous substances and the owner's liability was capable of apportionment.
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