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On May 4, 2009, the U.S. Supreme Court handed down an important decision under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), in the case of Burlington Northern and Santa Fe Railway Co. v. United States (Shell Oil Co.).

When Proposition 99 was passed in June 2008, supporters argued that it would assure the a situation like that in Kelo v. City of New London, Connecticut 545 U.S. 469 (2005) would not happen in California.