Burlington Northern & Santa Fe Railway Co. et al. v. United States, issued by the U.S. Supreme Court on May 4, 2009, makes 2 landmark changes (or at least clarifications) in Superfund jurisprudence:
First, for someone to be liable as an "arranger" under the law, that person must have an "intent" to dispose of the hazardous substance at issue; and,
Second, while Superfund liability is presumed to be joint and several, a Responsible Party can defeat joint and serveral liability if that party can show there is a "reasonable basis" to apportion liability (i.e., to make liability only several).
The Court's Slip Opinion opinion is at the link above.