News & Analysis as of

Supreme Court of the United States › Burlington Northern

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Foley Hoag LLP - Environmental Law

Determining An Intent To Dispose Under CERCLA Remains a Puzzlement

Foley Hoag LLP - Environmental Law on

Determining when a person has “arranged” for the disposal of a hazardous substance has long been difficult. The Supreme Court brought some clarity to the issue in Burlington Northern, when it said that...more

Foley Hoag LLP - Environmental Law

While The Outcome In the Lower Fox River Case Continues to Change, The Legal Standard For Apportionment Is The Same

Foley Hoag LLP - Environmental Law on

In 1832, Abraham Lincoln said that ” it is better to be only sometimes right, than at all times wrong, so soon as I discover my opinions to be erroneous, I shall be ready to renounce them.” Judge Greisbach of Eastern...more

Morgan Lewis

Fifth Circuit Relieves Company of "Arranger" Liability under CERCLA

Morgan Lewis on

In Vine Street LLC v. Borg Warner Corp., No. 07-40440, the Fifth Circuit held that, in light of the U.S. Supreme Court’s decision in Burlington Northern & Santa Fe Railway Co. v. United States, 556 U.S. 599 (2009), BorgWarner...more

Foley Hoag LLP - Environmental Law

The Expanding Availability of Apportionment To Limit Liability in Superfund Cases

Foley Hoag LLP - Environmental Law on

In Burlington Northern in 2008, the US Supreme Court ruled that Superfund liability could be apportioned whenever there was a reasonable basis for showing that the harm was divisible, such as by considering the length of time...more

4 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide