The Burlington Court's Flawed Arithmetic

摘要

On May 4, 2009, the U.S. Supreme Court handed down its decision in Burlington Northern & Santa Fe Railway Co. v. United States.The decision is of major significance with respect to two areas of Superfund jurisprudence-"arranger" liability, and divisibility or apportionment of harm. This Article is concerned only with the latter issue and, moreover, only with one specific element of that issue.