B&B was an agricultural chemical company operating on a piece of property in California. As their business expanded, they expanded their operations to adjacent property from two railroad companies. In...

B&B was an agricultural chemical company operating on a piece of property in California. As their business expanded, they expanded their operations to adjacent property from two railroad companies. In their business operations, B&B used a number of hazardous chemicals, including a pesticide they purchased from Shell Oil Company. B&B spilled many of these hazardous chemical, including the pesticide, on the ground, contaminating it. Eventually, the EPA discovered the contamination, and, using the Superfund, cleaned up the contamination at a cost of $8 million. The EPA sued Shell, as an arranger of the disposal and the railroad companies as owners of part of the contaminated site to recover the cost. The District Court found the Railroad Companies and Shell liable for the cost of the clean up. On appeal, how do you think the Supreme Court resolved the issue of Shell’s liability? Why? Burlington Northern and Santa Fe Railway v. U.S., 129 S.Ct. 1870 (Sup. Ct., 2009).