April 04, 2011 Articles

Idaho District Court Holds Government Liable as an Arranger

It is another in a long line of post-Burlington Northern cases interpreting the scope of arranger liability and may have important implications for cleanup on federal lands.

By Jacy T. Rock – April 4, 2011

On March 4, 2011, the U.S. District Court for the District of Idaho issued a decision holding the U.S. government liable as an arranger under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) based on the government’s authority and control over the disposal of waste on National Forest land it owned and leased for mining. The decision is yet another in a long line of post-Burlington Northern cases interpreting the scope of arranger liability, and may have important implications for cleanup on federal lands.


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