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Submitted by Cathy Connors on Thu, 10/02/2008 - 07:48
Certiorari granted in Shell Oil
The Supreme Court granted certiorari in two CERCLA cases today which may speak to the issue of manufacturer liability for environmental contamination when a manufacturer has sold a product which the purchaser then spills, causing the contamination. Burlington Northern v. U.S., Docket No. 07-1601, and Shell Oil v. U.S., Docket, No. 07-1607. The decision below (en banc, with 8 dissenters) is at 520 F.3d 918 (9th Cir.).