United States Ninth Circuit

In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) action brought by agencies for recovery of toxic chemical cleanup costs at a particular site, a judgment holding Shell and railroads liable only for a minor portion of the cleanup costs is reversed in part where: 1) the district court erred in determining that the harm in the case could be apportioned on the record; 2) the district court properly found that Shell was liable as an "arranger"; and 3) railroads and Shell were jointly and severally liable for the harm at the site. (Amended opinion)

Appellate Information

• Decided 03/25/2008
• Published 03/25/2008

Judges

• Before:  B. FLETCHER, JOHN R. GIBSON, and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Aaron P. Avila, Department of Justice, Washington, DC, argued the case for appellant EPA;  Kelly Johnson, Acting Assistant Attorney General, David C. Shilton, James R. MacAyeal, and John T. Stahr, Department of Justice, Environment and Natural Resources Division, Washington, DC, Allyn Stern, Office of Regional Counsel, EPA, were on the briefs for appellant EPA., Reed Sato, Deputy Attorney General of the State of California, Sacramento, CA, argued the case and was on the briefs for appellant California Department of Toxic Substances Control;  Bill Lockyer, Attorney General of the State of California, Tom Greene, Chief Assistant Attorney General, and Theodora P. Berger, Senior Assistant Attorney General, Sacramento, CA, were on the briefs for appellant California Department of Toxic Substances Control.


• For Appellees:
  
• John F. Barg, San Francisco, CA, argued the case for appellees Burlington Northern & Santa Fe Railway Company and Union Pacific Transportation Company;  Marc A. Zeppetello, San Francisco, CA, was on the briefs for the appellees., Michael K. Johnson, San Francisco, CA, argued the case for appellee-cross-appellant Shell Oil Company;  Randall J. Heldt, Shell Oil Company, Houston, TX, was on the briefs for appellee-cross-appellant Shell.