Minnesota v. BNSF Railway Co.

ELR Citation: 42 ELR 20164
No(s). 11-3103, -3139 (8th Cir. Jul 24, 2012)

The Eighth Circuit held that costs a developer incurred to reduce pollution on a property it owns in Brainerd, Minnesota, that had formerly been owned by a railway company were not removal costs and thus not recoverable under the Minnesota Environmental Response and Liability Act (MERLA). Although n...