Pennsylvania
How Burlington Northern & Santa Fe Railway Co. v. United States applies in Pennsylvania: state-specific rules, key cases, and bar exam notes for Environmental Law.
In Pennsylvania, the principles established in Burlington Northern emphasize the need for a clear connection between the alleged contamination and the liable parties. The state uses a similar standard to assess liability in environmental contamination cases under its own hazardous substance laws.
Pennsylvania's Hazardous Sites Cleanup Act governs joint and several liabilities in cases of hazardous waste contamination, closely mirroring the federal standards set forth in Burlington Northern regarding allocation of liability based on the degree of connection to the site.
The court held that the responsible parties must prove their lack of contribution to the contamination to avoid liability under the state's cleanup statutes.
This case reaffirmed that mere ownership of contaminated property does not automatically impose liability; the extent of the owner's involvement in the operations that caused the contamination must be established.
The court ruled that liability could be apportioned based on the level of responsibility each party had in the contamination, as highlighted in Burlington Northern.
While Pennsylvania follows the federal approach to environmental liability as set forth in Burlington Northern, it adds a layer of emphasis on the specific roles of parties involved in contamination cases. Pennsylvania jurisdictions may also lean toward more stringent state regulations under its environmental statutes than federal law requires.
Understanding the principles from Burlington Northern is crucial for the Pennsylvania bar exam, especially regarding environmental law topics, as it speaks to liability and apportionment in hazardous waste cases.