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Environmental Law

Golden Gate University School of Law

Strict liability

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Full-Text Articles in Law

Lyon's Roar, Then A Whimper: The Demise Of Broad Arranger Liability In The Ninth Circuit After The Supreme Court's Decision In Burlington Northern, Jon-Erik W. Magnus Aug 2010

Lyon's Roar, Then A Whimper: The Demise Of Broad Arranger Liability In The Ninth Circuit After The Supreme Court's Decision In Burlington Northern, Jon-Erik W. Magnus

Golden Gate University Environmental Law Journal

This Comment will examine the development of arranger liability under Ninth Circuit jurisprudence, specifically looking at the impact of Ninth Circuit‟s decision in Burlington Northern and the impact of the Supreme Court‟s reversal. Section II of this Comment will briefly examine the mechanisms for triggering CERCLA liability, specifically the definition of arranger liability under CERCLA. Next, Section III will address arranger liability in the Ninth Circuit. Specifically, this discussion will consider “direct” arranger liability considered in Cadillac Fairview/California, Inc. v. United States, which examined when transactions constitute “arrangements for disposal,” as contrasted with Burlington Northern, which expanded and applied a …


Doling Out Environmental Justice To Nicaraguan Banana Workers: The Jose Adolfo Tellez V. Dole Food Company Litigation In The U.S. Courts, Armin Rosencranz, Stephen Roblin, Nicole Balloffet Aug 2010

Doling Out Environmental Justice To Nicaraguan Banana Workers: The Jose Adolfo Tellez V. Dole Food Company Litigation In The U.S. Courts, Armin Rosencranz, Stephen Roblin, Nicole Balloffet

Golden Gate University Environmental Law Journal

In this article, we will explore the circumstances that led to this landmark ruling and verdict in Los Angeles, how Judge Chaney’s rulings changed the trajectory of the case, the recent developments concerning fraud by at least one U.S. lawyer, and how all of these factors might impact the future practices of transnational corporations.