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Read Chapter 10 and do the Case Study on Burlington Northern Railway/Shell Oil v. U.S. (See page 340 of the text.)

1. Present and summarize:

(a) The facts of the case;

(b) the legal issues before the U.S. Supreme Court; and

(c) the lower courts’ rulings.

2. Discuss your opinion of the case and support your view (for or against the U.S. Supreme Court’s ruling) with an analysis of the environmental law issues.

and

3. Discuss CERCLA and the four classes of liability that generally apply.

4. What is the standard of liability under CERCLA? What are the public policy reasons for imposing liability under CERCLA?

NOTE: Use double-spaced, normal typeface (e.g., Arial No. 11 or Times New Roman No. 12) and normal 1″ margins on top, bottom, and sides of the printed Case Study; your Case Study should be between 3 to 7 pages in length.

 

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