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Does The Supreme Court's Burlington Northern Decision Require Reconsideration Of The Aceto Line Of "Arranger" Liability Cases?, Aaron Gershonowitz
Does The Supreme Court's Burlington Northern Decision Require Reconsideration Of The Aceto Line Of "Arranger" Liability Cases?, Aaron Gershonowitz
Aaron Gershonowitz
The Eighth Circuit’s decision in United States v. Aceto Agricultural Chemicals Corp., 872 F2d 1373 (8th Cir. 1989) represents perhaps the most expansive reading of Superfund "arranger" liability, holding that a corporation can be liable even though the corporation never possessed the waste and made no decisions regarding disposal. The Aceto theory of liability has been followed by several other federal circuit courts of appeals. In Burlington Northern and Santa Fe Railroad Co. v. United States, 129 S. Ct. 1870 (2009) the Supreme Court addressed whether a seller of chemicals could be held liable as an "arranger" when chemicals it …