William A. Ruskin: Pitfalls In Proving CERCLA Divisibility Of Harm

By William A. Ruskin In a stinging decision, the Hon. Lonny R. Suko , a federal district court judge sitting in the Eastern District of Washington, ruled on April 4, 2012, that PRP Teck Cominco Metals, Ltd. failed to prove that contamination at a CERCLA site was divisible and, as a result, will...

William A. Ruskin: Did the Supreme Court's 2009 BNSF Decision Change CERCLA Cost-Recovery Practice?

By William A. Ruskin The U.S. Supreme Court's decision in Burlington Northern Santa Fe Railway Co. v. United States , 129 S. Ct. 1870 (2009) [ enhanced version available to lexis.com subscribers ], examined two unsettled areas of CERCLA: (1) the proof necessary to establish whether a PRP has "arranged...