The U.S. Supreme Court's decision earlier this month, that a company must show intent to dispose of chemicals to be liable as an "arranger" under the "Superfund Law," could benefit corporations caught up in potential liabilities under that statute, a legal expert said.
Because the 8-1 decision, reached on May 4, limits the definition of "arrange for" to the ordinary meaning of the words, David Erickson, a partner for the environmental practice in the Kansas City office of Shook, Hardy and Bacon, LLP, said the group of people who can be held liable as an arranger shrinks.
This could benefit companies being sued under the Superfund Law, or the Comprehensive Environment Response, Compensation and Liability Act (CERCLA), he said.
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