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Supreme Court Superfund Ruling Sides With Shell, Railroads

3:40 PM MDT | May 6, 2009 | Kara Sissell

The Supreme Court ruled 8-1 that Shell and two rail carriers are not liable for the full cost of cleaning up a Superfund site in Bakersfield CA. Instead, rail carriers will each have to pay 4.5% of the estimated $42 million in cleanup costs. Shell will not have to pay anything, the court ruled. The consolidated case— Burlington Northern and Santa Fe Railway Co. v. U.S. and Shell Oil Co. v. U.S.—appealed a Ninth Circuit Court of Appeals (San Francisco) ruling that held the companies liable for cleanup of the site previously owned by the defunct...

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