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Environmental & Energy

May 15, 2009

A Potentially Game-Changing Ruling on CERCLA Liability

Gibson, Dunn & Crutcher lawyers dissect a U.S. Supreme Court Decision they say has both sharpened and added powerful arrows to the quiver of defendants faced with Comprehensive Environmental Response, Compensation, and Liability Act.

Jeffrey Dintzer

Partner, Alston & Bird LLP

333 S Hope St Ste 1600
Los Angeles , CA 90071

Phone: (213) 576-1063

Email: jeffrey.dintzer@alston.com

Boston University SOL; Boston MA

During over 30 years representing clients in complex environmental, toxic tort, and land use litigation, class actions, and administrative proceedings, he has been involved in precedent-setting cases affecting the way industries such as oil & gas do business in California.

By Jeffrey D. Dintzer and Jessica D. Greenston

In a nearly unanimous decision written by Justice John Paul Stevens, the Supreme Court in Burlington Northern & Santa Fe Railway Company v. United States has both sharpened and added powerful arrows to the quiver of defendants faced with Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") liability. No. 07-1601, 556 U.S. (2009). But in line with the Court's recent CERCLA decisions, the true...

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