The U.S. Supreme Court recently clarified ‘arranger’ liability under CERCLA in Burlington Northern & Santa Fe Railway Co. v. United States, 556 U.S., May 2, 2009. This case has significance for any seller of an unused and useful product, such as pesticides, herbicides, solvents, or other chemicals, that may also be classified as a hazardous substance. The pertinent portion of the case focuses on Shell’s liability for its sale of a product, in this case, a pesticide, to a company where the pesticide was leaked and spilled onto the ground during transfers of the pesticide between the delivery trucks, tanks, and other equipment. Continue reading “Arranger Liability Under CERCLA” →