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STATE EX REL. DEPT. OF ENVTL. v. BNSF RY.

No. DA 09-0510.

246 P.3d 1037 (2010)

2010 MT 267

STATE of Montana, ex rel. DEPARTMENT OF ENVIRONMENTAL QUALITY, Plaintiff and Appellant, v. BNSF RAILWAY COMPANY, Defendant, Appellee and Cross-Appellant.

Supreme Court of Montana.

Decided December 21, 2010.

Attorney(s) appearing for the Case

For Appellant: R. Allan Payne and Marc G. Buyske ; Doney, Crowley, Bloomquist, Payne, Uda, P.C., Helena, Montana, Cynthia D. Brooks , Special Assistant Attorney General, Montana Department of Environmental Quality, Helena, Montana.

For Appellee: Chad Adams , Oliver Goe , and Leo Berry ; Browning, Kaleczyc, Berry & Hoven, P.C., Helena, Montana, Paul Lawrence , K & L Gates, LLP, Seattle, Washington.

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 The Montana Department of Environmental Quality (DEQ) brought suit under Montana's Comprehensive Environmental Cleanup and Responsibility Act (CECRA), seeking to compel BNSF Railway Company (BNSF) to abate contamination at three former industrial sites. The First Judicial District Court, Lewis and Clark County, found BNSF jointly and severally liable for contamination as an owner, past owner and...

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