United States of America v. Burlington Northern Railroad Company

PUBLISH This appeal arises from an action filed by the United States, pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (""CERCLA""), 42 U.S.C. §§ 9601-9675, to recover costs incurred by the Environmental Protection Agency (""EPA"") while remediating hazardous substance contamination at the Broderick Wood Products Site (the ""Site""), located in Adams County, Colorado. The United States (with the State of Colorado as an intervenor and cross-appellee) argues that the district court erred in reducing Burlington Northern's (""BN's"") $8.5 million dollar settlement decree.