Can a contractor that unknowingly damages an underground pipeline and sets in motion years of methanol leaks be held liable for arranging disposal of hazardous wastes? Not under CERCLA and its state counterpart, the Texas Solid Waste Disposal Act. That was the ruling the 5th Circuit recently affirmed in Celanese Corp. v. Martin K. Eby Construction Co. While installing an underground water pipeline in 1979, Celanese's existing methanol pipeline was unknowingly damaged by Eby. Celanese discovered its pipeline was leaking in 2002, and by 2008 it had incurred millions in costs removing and disposing of hundreds of thousands of gallons methanol that has leaked from the damaged pipeline. Celanese traced the leak back to Eby's project and sought to recover its remedial costs from Eby by claiming that Eby had "arranged for disposal" of hazardous substances. Based on undisputed evidence that the damage was unintentional and unknown to Eby, the district court concluded that Eby could not be liable as a CERCLA arranger. Relying on Burlington N. & Santa Fe Ry. v. U.S., 129 S. Ct. 1870 (2009), the 5th Circuit affirmed the decision, holding that to establish arranger liability required proof that Eby took "intentional steps" or planned "for the disposal of hazardous substances." This decision updates the 5th Circuit's decision in Geraghty & Miller v. Conoco, 234 F.3d 917, 929 (5th Cir. 2001), which had required "a ‘nexus' between a defendant's conduct and the disposal of the hazardous substance." Although Eby's backhoe operator knew he had struck "something" during the work, standing alone, that knowledge was insufficient to establish arranger liability under the BNSF standard. The court also applied the BNSF standard in affirming dismissal of Celanese's claim under the Texas Solid Waste Disposal Act, holding that the Act should be construed consistent with CERCLA.