Burlington Northern and Santa Fe Railway Company, et al. v. United States; Shell Oil Company v. United States

Issue: Whether the petitioners were incorrectly held jointly and severally liable for environmental cleanup costs under CERCLA.

Judgment: Reversed and remanded, 8-1, in an opinion by Justice John Paul Stevens on May 4, 2009.

Briefs and Documents

Merit Briefs:

• Brief for Petitioner the Burlington Northern and Santa Fe Railway Company and Union Pacific Railroad Company (in 07-1601 only)
• Brief for Petitioner Shell Oil Company (in 07-1607 only)
• Brief for Respondent United States of America
• Brief for Respondent the State of California
• Reply Brief for Petitioners the Burlington Northern and Santa Fe Railway Company and Union Pacific Railroad Company
• Reply Brief for Petitioner Shell Oil Company (in 07-1607 only)

Amicus briefs

• Brief for the International Association of Defense Counsel in Support of Petitioner Shell Oil Company (in 07-1607 only)
• Brief for the Product Liability Advisory Council, Inc., in Support of Petitioner Shell Oil Company (in 07-1607 only)
• Brief for Teck Cominco Metals, Ltd., in Support of Petitioner (in 07-1607 only)
• Brief for the Chamber of Commerce of the United States of America, the American Chemistry Council, the American Petroleum Institute, Croplife America, the National Association Of Manufacturers, and the National Petrochemical and Refiners Association in Support of Petitioner
• Brief for the Washington Legal Foundation in Support of Petitioner
• Brief for Newmont USA Limited and CanadianOxy Offshore Production Co. in Support of Petitioner
• Brief for General Electric in Support of Petitioner
• Brief for the Association of American Railroads in Support of Petitioner
• Brief for the Civil Justice Association of California in Support of Petitioner (in 07-1607 only)

Certiorari-Stage Documents

• Opinion below (9th Circuit)
• Petition for certiorari (07-1601)
• Petition for certiorari (07-1607)
• Brief in opposition
• Petitioner’s reply (07-1601)
• Petitioner’s reply (07-1607)
• Brief of Chamber of Commerce of the United States, et al. (in support of petitioner)
• Brief of Association of American Railroads (in support of petitioner)
• Brief of Product Liability Advisory Council, Inc. (in support of petitioner)
• Brief of International Association of Defense Counsel (in support of petitioner)
• Brief  of Civil Justice Association of California (in support of petitioner)