Appellate Case Weighs Reach Of High Court's Test For 'Arranger' Liability

摘要

An appeals court is weighing arguments in a closely watched case over the reach of arranger liability under Supertund law, where an electric utility maintains that its actions fall outside the scope of the Supreme Court's 2009 test for determining when parties can be held liable for arranging for disposal of hazardous substances. Georgia Power Co., in a Nov. 8 brief filed with the U.S. Court of Appeals for the 4th Circuit, argues it is not an arranger of waste under the Superfund law, contending that the appellants are asking the court to take a position that the Supreme Court rejected in 2009 in the consolidated cases Shell Oil v. United States and Burlington Northern and Santa Fe Railway Co. v. United States because it goes beyond the reach of the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA). Relevant documents are available on InsideEPA.com.