Supreme Court of the United States
Burlington Northern & Santa Fe Railway Co. v. United States
May 4, 2009556 U.S. 599
Summary
The Supreme Court reversed the Ninth Circuit's judgment, holding that Shell Oil was not liable as an arranger under CERCLA because arranger liability requires intentional steps to dispose of a hazardous substance, not merely knowledge that spills might occur during a sale. The Court also upheld the District Court's apportionment of liability to the Railroads, finding a reasonable basis for divisibility in the record. Justice Ginsburg dissented, arguing Shell should be liable due to its control over delivery methods leading to inevitable spills and criticizing the court's sua sponte apportionment analysis.