Outside Publication

Re-“Arranging” CERCLA Liability: What is the State of Arranger Liability Post-Burlington Northern Santa Fe Railway Company v. United States?, 45 Texas Environmental Law Journal 381.

August 2015

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was enacted in 1980 for two primary purposes: (1) providing prompt cleanup of sites contaminated by releases of hazardous substances; and (2) holding responsible parties liable for damages caused by improper hazardous waste disposal. Due to its hasty drafting and remedial nature, early lower courts typically interpreted CERCLA as casting a wide net for liable parties.

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