Environmental Decisions A Double-Edged Sword

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The article discussed the courts’ efforts over the past year to balance environmental statutes which require potentially responsible parties to bear the costs of remediation with the Bankruptcy Code’s objectives of providing a fresh start for the debtor. The article analyzes the Supreme Court’s decision in Burlington Northern & Santa Fe Railway Co. v. U.S. and the 7th Circuit Court of Appeals’ decision in U.S. v. Apex Oil Co., Inc. It also discussed the Chemtura Corporation bankruptcy case pending in the Southern District of New York.