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Article: What a long, strange trip it's been: broader arranger liability in the Ninth Circuit and rethinking the useful product doctrine.
- Article from:
- Environmental Law
- Article date:
- June 22, 2008
- Author:
CopyrightCOPYRIGHT 2008 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
II. ARRANGER LIABILITY UNDER CERCLA AND THE NINTH CIRCUIT'S RECENT
EXPANSION OF "BROADER" ARRANGER LIABILITY
A. A Brief Introduction to CERCLA Liability
B. Arranger Liability Under Section 107(a)(3)
C. Recent Ninth Circuit Decisions Examining "Broader" Arranger
Liability
1. United States v. Burlington Northern & Santa Fe
Railway. Co.
2. California Department of Toxic Substances Control v.
Alco Pacific, Inc.
III. THE DISTINCTION BETWEEN VIRGIN AND SECONDARY MATERIALS, BROADER
ARRANGER LIABILITY, AND THE USEFUL PRODUCT DOCTRINE
A. Virgin Materials Must Be ...