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
Conducted on Thursday, February 2, 2017
Recorded event now available
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 is an evolving area of law and how the courts interpret it varies from jurisdiction to jurisdiction. Plaintiffs and defendants must navigate a growing and conflicting body of law regarding the statute of limitations.
The Second Circuit held a judicially approved settlement of environmental liabilities does not trigger the statute of limitations on a CERCLA contribution claim. In the Third Circuit, a judicially approved settlement of state law claims can give rise to a CERCLA contribution action, and thereby trigger the three-year statute of limitations on that claim.
The Ninth Circuit discussed the statute of limitations issue in Whittaker Corp. v. United States (June 13, 2016) and is expected to weigh in on the issue in Asarco L.L.C. v. Atlantic Richfield Co., where Asarco is appealing the district court decision, which followed the Third Circuit’s broader view and concluded Asarco waited too long to bring its CERCLA contribution claim against Atlantic Richfield.
Many federal circuit courts have not addressed the issue of when settlements trigger the statute of limitations for CERCLA actions. Environmental counsel must understand this issue or face statute of limitations challenges.
Listen as our authoritative panel of environmental attorneys examines the circuit split on the issue of the statute of limitations for CERCLA actions. The panel will discuss the two private rights of action under CERCLA and the practical implications of how the courts are ruling. The panel will also offer best practices for addressing the issue and avoiding statute of limitations problems.
- 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, Partner
Taylor English Duma,
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.
Summer Nastich, Founder
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.
Christopher (Smitty) Smith, Esq.
Steptoe & Johnson,
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.
CLE On-Demand - Streaming Video
Includes recorded streaming video of full program plus PDF handouts.
On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.
AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.
**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.
CLE On-Demand Video $297.00
Includes full event recording plus handouts.
Strafford is an approved provider and self-study CLE credit is available in most states.
AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
Strafford will process CLE credit for one person on each recording.
Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email firstname.lastname@example.org to place your order.
Recorded Webinar Download $297.00
Recorded Audio Download (MP3) $297.00
DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Strafford webinars 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.
Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.
I was impressed with the examples and the practical applications of the concepts.
Connie Sue Martin
Bullivant Houser Bailey
The program was very well organized and the speakers were prepared.
Kell Alterman & Runstein
Clearly had right speakers for this seminar.
The program was practical and showed both sides of the issue.
Strafford's program was advanced, current and very convenient.
Seattle City Attorney's Office
Environmental Law Advisory Board
Loeb & Loeb
Shipman & Goodwin
Barnes & Thornburg
Akin Gump Strauss Hauer & Feld
Arnold & Porter
Gibson Dunn & Crutcher
Dinsmore & Shohl
Beveridge & Diamond
Crowell & Moring
Stroock & Stroock & Lavan
Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.