On May 4, 2009 the Supreme Court overturned the 9th Circuit Court of Appeals ruling and held that Shell Oil Company was not liable under the Comprehensive Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund) for spills of pesticide that occurred “as a peripheral result of the legitimate sale of an unused, useful product” where the party took numerous steps to reduce the likelihood of those spills. Burlington Northern and Santa Fe Railway Co. et al v United States et al, 129 S. Ct. 1870 (U.S. 2009). Additional information is available on the Burlington Northern case summary web page.
- Brief for the United States - Burlington Northern v. U.S. (PDF) (66 pp, 273 K)
- Oral Argument before the U.S. Supreme Court - Burlington Northern v. U.S. (PDF) (73 pp, 382 K)