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 course will guide counsel on the application of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) statute of limitations and explain when settlements trigger the statute. The panel will examine recent decisions, analyze a federal circuit split, and 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 and avoiding statute of limitations issues
The panel will review these and other key issues:
- How are the federal courts addressing when a settlement triggers the statute of limitations?
- What should counsel consider in deciding when to file a contribution claim?
- What are best practices for counsel to reduce CERCLA liability early in the litigation?
Michael K. Murphy
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.Close
Christopher (Smitty) Smith
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