Supreme Court of the United States

Burlington Northern & Santa Fe Railway Co. v. United States — Ginsburg, J., Dissenting

May 4, 2009556 U.S. 599

Summary

Justice Ginsburg dissenting argues the Court should affirm lower courts holding Shell liable as an arranger under CERCLA because Shell controlled delivery arrangements that inevitably spilled hazardous substances. She questions the district court's sua sponte apportionment of costs under the party presentation principle and would remand to allow all parties to address allocation.