CERCLA Preemption of State Law Claims
Bringing or Surviving Preemption Challenges to Maximize Contribution Protection
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, August 23, 2012
Recorded event now available
This CLE webinar will provide guidance to counsel on when CERCLA preempts state law claims. The panel will review recent treatment by the courts on preemption challenges and will offer best practices for representing potentially responsible parties (PRPs) and surviving preemption challenges.
Description
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) cost recovery claims commonly include state law claims such as nuisance, negligence and contribution, which are often overlooked. The state law claims can be used to circumvent CERCLA contribution limitations for PRPs.
However, claimants are now attacking the inclusion of such state law claims with preemption challenges. Some courts have preempted state law claims that conflict with CERCLA's contribution scheme as well as those that conflict with CERCLA's requirement to remain consistent with the National Contingency Plan.
Due to inconsistent court treatment, counsel must understand the best use of the preemption challenge and how to survive such challenges.
Listen as our authoritative panel of environmental attorneys examines where CERCLA may preempt state law claims, discusses recent court treatment, and offers best practices for representing PRPs and surviving preemption challenges.
Outline
- CERCLA may preempt state law claims
- Recent treatment by courts of preemption challenges
- Best practices for representing PRPs and surviving preemption challenges
Benefits
The panel will review these and other key questions:
- How can state law claims be utilized to impose liability on a broader group of arrangers?
- What is the differing treatment of preemption challenges by the courts?
- What steps can counsel take to increase the success of state law claims and overcome preemption challenges?
Faculty
Michael W. Steinberg, Senior Counsel
Morgan Lewis & Bockius, Washington, D.C.
He focuses on environmental law matters, with special emphasis on litigation and counseling involving hazardous waste issues under the RCRA, contaminated site issues under the Superfund law, and environmental justice issues. He has testified before Congress on several occasions regarding Superfund liability and enforcement issues and serves as outside counsel to the Superfund Settlements Project.
Jayesh Hines-Shah, Atty
Morgan Lewis & Bockius, Chicago
Ordering
Online CLE - Audio Recording
Includes streaming audio of full program plus handouts (available 24 hours after live program).
CLE:
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(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
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plus $9.45 S&H
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Available 24 hours after the live event
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Available ten business days after the live event
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Customer Reviews
I thought the practice points and recommendations from the speakers, based on years of experience, were valuable.
Felise Cooper
Allen & Overy
The case study approach was extremely helpful and interesting on this timely topic.
Van Hilderbrand
Sullivan & Worcester
I was impressed with the examples and the practical applications of the concepts.
Connie Sue Martin
Bullivant Houser Bailey
The seminar was very informative and the speakers provided great handouts that will be a great reference tool in the future.
Michelle Rosenthal
Garvey Schubert Barer
I liked that the presentation was in-depth with useful information and provided excellent written materials.
Dan J. Jordanger
Hunton & Williams
Environmental Law Advisory Board
Partner
Allen Matkins
Partner
Loeb & Loeb
Of Counsel
Stoel Rives
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Shipman & Goodwin
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Akin Gump Strauss Hauer & Feld
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Arnold & Porter
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Gibson Dunn & Crutcher
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Dinsmore & Shohl
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Crowell & Moring
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Stroock & Stroock & Lavan
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Greenberg Traurig
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