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

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

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 $297.00
Available 24 hours after the live event

How does this work?


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.

Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio Only) $297.00
Available 24 hours after the live event

How does this work?

CD (Audio Only) $297.00 plus $9.45 S&H
Available ten business days after the live event

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

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Program Materials

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Can't Attend the Live Program?

CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

More Details >

Customer Reviews

I liked the combined depth of information and speed of presentation. Well done!

Andre Dalbec

SAANYS

All the speakers seemed extremely knowledgeable on the subject matter. Overall a very good seminar.

Stephan R. Silen

American AgCredit

The teleconference was efficient with a well-focused agenda. The speakers really seem to know the material and communicated it clearly.

Owen Hughes

Pfizer

The presentations provided great insight.

Josh WInslow

Pabian & Russell

High quality content, good speakers, and convenient to do over the web.

Ed Moomjian

Udall Law Firm

Environmental Law Advisory Board

John J. Allen

Partner

Allen Matkins

Albert M. Cohen

Partner

Loeb & Loeb

Aaron Courtney

Of Counsel

Stoel Rives

Andrew N. Davis

Partner

Shipman & Goodwin

Paul E. Gutermann

Partner

Akin Gump Strauss Hauer & Feld

Brian D. Israel

Partner

Arnold & Porter

Thomas J. P. McHenry

Partner

Gibson Dunn & Crutcher

Reed D. Rubinstein

Senior Counsel

U.S. Chamber of Commerce

Jeffrey A. Smith

Partner

Cravath Swaine & Moore

E. Gail Suchman

Special Counsel

Stroock & Stroock & Lavan

Gregory D. Trimarche

Partner

Bryan Cave

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