Tuesday, May 05, 2009

Justices Limit Liability Over Toxic Spill Cases

The Supreme Court made it harder on Monday for the government to recover the often enormous costs of environmental cleanups from companies with only minor or limited responsibility for toxic spills. The decision tightened the reach of the Superfund law, known formally as the Comprehensive Environmental Response, Compensation and Liability Act, by limiting both the kinds of companies subject to liability and the situations in which partly culpable companies can be made to bear the entire cost of cleanups. The case arose from environmental contamination from a chemical distribution business in Arvin, Calif. The federal government had sought to hold the Shell Oil Company responsible for selling pesticides to the business, where the chemicals routinely leaked and spilled. The distribution business, Brown & Bryant, later became insolvent and ceased operations...NYTimes

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