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RCRA Liability for Property Owners, Operators and Managers

Minimizing Risks Under the Resource Conservation and Recovery Act and Ensuring Indemnification

Recording of a 90-minute CLE webinar/teleconference with Q&A

Conducted on Thursday, January 21, 2010
Recorded event now available

This CLE webinar will discuss how the federal courts are addressing RCRA hazardous waste liability for property owners, operators and managers and outline steps each can take to minimize liability exposure.

Description

The Resource Conservation and Recovery Act (RCRA) governs the handling and disposal of hazardous materials, providing private parties a more cost-effective way to determine responsibility for hazardous waste cleanup.

However, property owners, operators and managers are unsure of the best way to minimize liability due to inconsistent treatment of RCRA liability by the courts. The U.S. District Court for the Northern District of Georgia issued a recent decision that was directly at odds with a District of Colorado ruling.

These decisions highlight the split in the federal courts. The Second Circuit rejected claims against former operators, while district courts within the Sixth, Seventh, and Ninth Circuits have issued contrary opinions.

Listen as our authoritative panel examines RCRA liability, how courts are treating liability of owners, operators, and managers under RCRA, and offers strategies to minimize RCRA liability and ensure indemnification.

Outline

RCRA liability
1. Application
2. Financial responsibility requirements
3. Citizen suits in authorized states
4. Enforcement and implementation
Court treatment
1. Liability of former owners and operators
2. Imminent and substantial endangerment
Best practices to minimize RCRA liability

Benefits

The panel will review these and other key questions:

What constitutes an ongoing violation for purposes of an RCRA citizen suit?
What strategies should property owners, operators and managers employ when considering what responsibilities they are willing to assume?
What steps can companies and counsel take to ensure indemnification for RCRA responsibility?

Faculty

Steven G. Jones, Partner
Marten Law Group, Seattle

He has particular expertise in litigation arising under the Comprehensive, Environmental, Response, Compensation and Liability Act, the Clean Water Act, the Federal Torts Claim Act, and solid waste and nuisance issues. His litigation experience also includes land use issues under State Environmental Permitting Act and National Environmental Permitting Act.

Robert W. Lawrence, Partner
Davis Graham & Stubbs, Denver

He has practiced environmental law for over twenty five years, and has extensive experience in environmental litigation and administrative proceedings, permitting, compliance and enforcement matters, and successful resolution of environmental issues in a wide range of transactions. He served as counsel in the La Plata case.

Ordering

Online CLE

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $148.50
Available 24 hours after the live event