Burlington No. & Santa Fe R. Co. v. United States and Shell Oil Co. v. United States Docket Nos. 07-1601 and 07-1607. Argument date: February 24, 2009, From: The Ninth Circuit
Case at a Glance: Over a 30-year period Shell Oil delivered bulk agricultural chemicals to a now-contaminated reseller's site in California. Part of the site was leased from Burlington Northern Railroad. When the site operator failed, the United States and California incurred costs in cleaning the parcel and successfully sought to impose joint and several liability on Shell and the railroad. Shell contends it is not liable under Superfund and both responsible parties contest the imposition of joint and several liability.
Robert H. Abrams, What Evidence Will Justify an Allocation of Liability Among Responsible Parties Under Superfund? 36 Preview U.S. Sup. Ct. Cas. 295 ( 2009)