CERCLA, CWA and State Law: Complexities With Overlapping Authorities

Navigating Requirements for Soil and Sediment Remediation and Storm and Surface Water Management

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Thursday, August 8, 2013

Recorded event now available

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Course Materials

This CLE course will provide guidance for environmental counsel to navigate the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Clean Water Act (CWA), National Pollutant Discharge Elimination System (NPDES) permitting, and state laws when dealing with remediation and water management.

Description

CERCLA and the CWA, as well as corresponding state laws, make up a complex regulatory framework governing response to environmental contamination.

Challenges arise when statutes collide. For example, the CWA’s permit shield covers pollutants identified in an NPDES permit. CERCLA exempts federally permitted releases. Does obtaining an NPDES permit exempt the permittee from CERCLA liability?

To determine how a contaminated site will be cleaned and who should pay for it, counsel must understand where CERCLA and the CWA overlap in the regulation of soil and sediment remediation and storm and surface water management.

Listen as our panel of environmental attorneys offers their experienced perspectives on understanding which laws and exemptions apply when dealing with CERCLA, the CWA, NPDES permitting and state laws in the context of remediation and water management.

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Outline

  1. Intersection of CERCLA, CWA and state law—soil and sediment remediation
    1. What is subject to which law
    2. Impact of laws in cleanup planning
    3. Exemptions
  2. Intersection of CERCLA, CWA and state law—storm and surface water management
    1. What is subject to which law
    2. Impact of laws in cleanup planning
    3. Exemptions
  3. Use of laws as tools for source control

Benefits

The panel will review these and other key questions:

  • What laws govern soil and sediment remediation?
  • When can cleanup be imposed on top of NPDES permits?
  • How can CERCLA and the CWA be used as tools for pollution source control?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Joan P. Snyder
Joan P. Snyder
Partner
Stoel Rives

Ms. Snyder concentrates her practice in the areas of environmental law, natural resources law, environmental and...  |  Read More

Steven G. Jones
Steven G. Jones
Holland & Hart

He has particular expertise in litigation arising under the Comprehensive, Environmental, Response, Compensation and...  |  Read More

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