Arranger Liability Under CERCLA: Leveraging Recent Court Decisions
Reducing Liability Amid Uncertainty and Absent Clear Guidance
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide environmental counsel with a briefing of how recent court decisions have addressed arranger liability issues and their implications for CERCLA liability. The panel will provide guidance to counsel on overcoming the challenging issues in arranger liability litigation.
Outline
- Brief overview of arranger liability
- Challenging issues related to arranger liability
- “Arranged for”
- Intent/knowledge
- Nature of transaction
- Lessons learned from recent decisions
- NCR Corp. v. George A. Whiting Paper Co. (7th Cir. Sept. 25, 2014)
- United States v. Federal Resources Corp. (D. Idaho July 14, 2014)
- Georgia-Pacific Consumer Products v. NCR Corp. (W.D. Mich. 2013)
- Carolina Power & Light Co. v. Alcan Aluminum Corp. (E.D.N.C. 2013)
- W.R. Grace & Co.-Conn. v. Zotos Int'l Inc. (W.D.N.Y. 2013)
- Best practices
Benefits
The panel will review these and other key issues:
- What intent is necessary to implicate arranger liability under CERCLA?
- How are different jurisdictions applying the BNSF decision in arranger liability cases?
- What steps can counsel take to overcome the challenging issues involved in arranger liability litigation?
Faculty
Michael K. Murphy
Partner
Gibson Dunn & Crutcher
Mr. Murphy handles a wide variety of cases under most federal and a number of state environmental statutes, and has... | Read More
Mr. Murphy handles a wide variety of cases under most federal and a number of state environmental statutes, and has handled litigation in a number of state, federal district, and federal appellate courts. He has extensive experience in CERCLA litigation, environmental enforcement defense, and challenges to agency actions. He has represented clients in a variety of CERCLA cost-recovery and contribution actions in a number of jurisdictions.
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Shoshana Suzanne Ilene Schiller
Partner
Manko Gold Katcher & Fox
Ms. Schiller is a partner in the litigation group of the Philadelphia-area environmental and energy law firm of Manko... | Read More
Ms. Schiller is a partner in the litigation group of the Philadelphia-area environmental and energy law firm of Manko Gold Katcher & Fox, handling a wide range of disputes with particular experience in CERCLA, RCRA, cost recovery, contribution and class action litigation, as well as toxic tort, pipeline, storage tank, real estate development, and leasing matters. She has represented PRPs at industrial, landfill, recycling and sediment sites, and is currently Co-Chair of the Superfund and Natural Resource Damages Litigation Committee of the ABA’s Section on Environment, Energy and Resources. Ms. Schiller is AV® Preeminent® Peer Review Rated through Martindale-Hubbell® and a Senior Fellow of the Litigation Counsel of America, trying jury and non-jury cases in federal and state courts and appearing before administrative agencies, hearing boards and appellate courts throughout the country. She is also a frequent speaker at legal and industry trade conferences and seminars and a regular author on environmental and real estate issues.
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