CERCLA Actions and Statute of Limitations: Navigating the Circuit Split, Lessons From Recent Decisions
Practical Implications for Whether Judicially Approved Settlement Requires Resolution of CERCLA Liability
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to counsel on the application of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) statute of limitations and when settlements trigger the statute. The panel will examine recent decisions and the circuit split, as well as offer best practices for managing timing issues in Superfund and environmental litigation.
- CERCLA actions and statute of limitations
- Cost recovery
- Circuit split on the statute of limitations and its implications
- Best practices for addressing the issues and avoiding statute of limitations issues
The panel will review these and other key issues:
- How are the federal courts addressing the issue of when settlement triggers the statute of limitations?
- What factors should counsel consider when deciding when to file a contribution claim?
- What best practices can counsel employ to reduce CERCLA liability early in the litigation?
Leah J. Knowlton
Taylor English Duma
Ms. Knowlton has more than 25 years of experience counseling clients on environmental regulatory matters and... | Read More
Ms. Knowlton has more than 25 years of experience counseling clients on environmental regulatory matters and representing them in criminal and civil litigation involving chemical contamination and other environmental violations. Ms. Knowlton regularly develops and implements environmental compliance management systems and advises clients on chemical safety and security matters. She has extensive experience assessing environmental risk and negotiating contracts and remediation plans in corporate and real estate transactions.Close
Ms. Nastich specializes in environmental, construction, and land use law, including any necessary litigation. Her... | Read More
Ms. Nastich specializes in environmental, construction, and land use law, including any necessary litigation. Her legal practice is focused on environmental and heavy industrial/commercial construction projects, hazardous substance remediation and removal projects, environmental law and regulation compliance, release reporting, and pollution-related disputes. Ms. Nastich advises, counsels and litigates issues involving state and federal governmental statutes, including CERCLA, RCRA, CWA, and in trespass and nuisance claims.Close
Christopher (Smitty) Smith, Esq.
Steptoe & Johnson
Mr. Smith practices regulatory compliance and litigation as it relates to environmental matters. He concentrates on... | Read More
Mr. Smith practices regulatory compliance and litigation as it relates to environmental matters. He concentrates on complex environmental and mass tort litigation and regulatory matters, and a variety of commercial disputes. Mr. Smith regularly prosecutes and defends claims under federal and state environmental statutory schemes, including CERCLA, California’s Hazardous Substances Account Act, the RCRA, the CWA, FIFRA, and California’s Safe Drinking Water and Toxic Enforcement Act.Close