ABA: An Update on Arranger Liability Under CERCLA: Recent Cases and the Impact of Pakootas

Jaime Santos, an associate in the firm’s Appellate Litigation Practice, spoke at the ABA Section of Environment, Energy, and Resources Meeting on the, "An Update on Arranger Liability Under CERCLA: Recent Cases and the Impact of Pakootas" panel.  The discussion focused on the concepts of arranger liability from the enactment of CERCLA to the 2009 Supreme Court decision of Burlington Northern and Santa Fe Railway Co. ("BNSF") v. United States; what lessons can be learned about arranger liability from recent post-BNSF cases; the potential implications of the Ninth Circuit decision in Pakootas v. Teck Cominco Metals, Ltd.; and the interplay of CERCLA, RCRA and the Clean Air Act in addressing contamination caused by air emissions.