Success Stories
B&D defended a railcar owner in litigation regarding alleged liability at the East Palestine, Ohio, Norfolk Southern train derailment. The argument raised issues of first impression, and in a decision with major ramifications for railcar owners, an Ohio district judge granted B&D’s motion to dismiss Norfolk Southern's third-party Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) claims against B&D’s client for cleanup costs at the site. B&D’s motion to dismiss argued that under the plain language of CERCLA our client was not liable as an “owner or operator” of its railcar during its transportation by Norfolk Southern as a common carrier. This matter underscores the strength and depth of our national CERCLA practice.
