Vine Street LLC v. Borg Warner Corp.

E. GRADY JOLLY, Circuit Judge:

This appeal requires us to address the scope of so-called “arranger liability” under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), 42 U.S.C. § 9607(a)(3), and the Texas Solid Waste Disposal Act (“TSWDA”), Tex. Health & Safety Code § 361.271(a)(3), in the light of the Supreme Court’s decision in Burlington Northern & Santa Fe Railway Co. v. United States, 556 U.S. 599, 129 S.Ct. 1870, 173 L.Ed.2d 812 (2009). In 2006, some three years before the Supreme Court decided Burlington Northern, the district court held a…