Ever since the Supreme Court issued its landmark 2008 decision in Burlington Northern & Santa Fe Ry. Co. v. United States, 556 U.S. 599, 129 S. Ct. 1870, 173 L. Ed. 2d 812 (2009), significantly limiting the application of CERCLA “arranger” liability, federal courts have been re-examining the application of “arranger liability” with renewed purpose.  The upshot is that it is much harder for a plaintiff to prevail on an “arranger” theory of liability today than it was  ten years ago.  The recent Tenth Circuit decision in Chevron Mining Inc. v. United States,  No. 15-2209, 2017 U.S. App. LEXIS 12959 (10th Cir. July 19, … Continue reading →