Notable Federal Court Cases Involving 42 U.S.C. § 9607

42 U.S.C. § 9607 is a crucial provision in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. This section explores some of the most significant federal court cases that have helped shape the interpretation and application of this law.

The Burlington Northern & Santa Fe Railway Co. v. United States

In this 2015 case, the Supreme Court clarified the liability standards for parties engaging in arrisenal hazardous waste. The court held that the owner or operator of a facility must have been the generator of the hazardous waste, placing a higher evidentiary burden on plaintiffs in these cases.

The United States v. Atlantic Richfield Co.

This 1994 case marked a significant interpretation of joint and several liability under 42 U.S.C. § 9607. The court held that potentially responsible parties (PRPs) could be held liable for the full amount of cleanup costs, regardless of their level of fault, if their contributions could not be separated.

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