CERCLA Liability After Burlington Northern and Santa Fe Railway Co. v. U.S.

Reducing Cleanup Liability and Recovering Remediation Costs

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


Conducted on Tuesday, February 2, 2010
Recorded event now available


This CLE webinar will analyze and discuss the impact of the U.S. Supreme Court's decision in Burlington Northern and Santa Fe Railway Co. v. U.S. addressing Superfund apportionment and arranger liability issues.

Description

The U.S. Supreme Court’s decision in Burlington Northern & Santa Fe Railway Co. v. U.S. significantly changed the landscape for liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

The limits to the pool of potentially responsible parties (PRPs) that were imposed by the Court’s ruling make it more difficult to recover any orphan share a PRP pays up front. As a result, it may be a disincentive to settle liability issues early.

The Court held Superfund liability is not joint and several where there is a reasonable basis for apportionment. The lowering of the bar for avoiding joint and several liability gives arrangers and landowners a strong argument to minimize liability in negotiations and litigation with the government.

Listen as our authoritative panel of environmental law attorneys reviews the Supreme Court’s ruling, examines how courts are applying the decision, the implications for CERCLA liability, and offers best practices for reducing liability and recovering remediation costs.

Outline

  1. Brief overview of Burlington Northern and Santa Fe Railway Co. v. U.S.
    1. Supreme Court’s decision
    2. Court treatment
  2. Arranger liability
    1. Impact of the decision
    2. Limitations
    3. How are courts applying BNSF?
  3. Cost recovery
    1. Joint and several liability
    2. Government cost recover actions
    3. Unilateral 106 orders
    4. Increased litigation
    5. Coverage for orphan shares
    6. Impact on landowner liability
  4. Best practices for reducing cleanup liability and recovering remediation costs
    1. Minimizing CERCLA liability
    2. Recovering remediation costs from other PRPs

Benefits

The panel will review these and other key questions:

  • How have courts applied the Burlington Northern decision?
  • What is the impact of narrowed arranger liability for landowners?
  • What are the key steps for recovering remediation costs from other PRPs?

Faculty

Brian D. Israel, Partner
Arnold & Porter, Washington, D.C.

He specializes in environmental litigation and counseling. He represents corporations in matters involving contaminated properties, including toxic tort lawsuits and natural resource damages claims. His counseling practice focuses on environmental issues in large corporate transactions, brownfields redevelopment and environmental management systems.

Steven L. Leifer, Partner
Baker Botts, Washington, D.C.

He handles a broad array of environmentally-related litigation, including Superfund cost recovery, toxic tort and products liability litigation, insurance recovery actions, civil and criminal governmental enforcement proceedings and environmental bankruptcy claims. He litigates CERCLA claims against the government and private parties.

Ordering

On-Demand CLE - Streaming Audio

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On-Demand CLE Audio $69.00

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Recorded Event

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Strafford is an approved provider and self-study CLE credit is available in the following states.

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Customer Reviews

The content was very helpful and the presenters clearly knew the subject matter inside and out.

Nicole Squires

Chapman and Cutler

I was impressed with the examples and the practical applications of the concepts.

Connie Sue Martin

Bullivant Houser Bailey

Strafford's program was well organized and provided a good level of depth.

Alex Schimel

Bilzin Sumberg

The presentations were excellent and timely, and I thought the Q&A was very good.

J. Thomas Carrato

Monsanto Company

I thought the practice points and recommendations from the speakers, based on years of experience, were valuable.

Felise Cooper

Allen & Overy

or call 1-800-926-7926

Environmental Law Advisory Board

John J. Allen

Partner

Allen Matkins

Albert M. Cohen

Partner

Loeb & Loeb

Aaron Courtney

Of Counsel

Stoel Rives

Andrew N. Davis

Partner

Shipman & Goodwin

David R. Gillay

Partner

Barnes & Thornburg

Paul E. Gutermann

Partner

Akin Gump Strauss Hauer & Feld

Brian D. Israel

Partner

Arnold & Porter

Thomas J. P. McHenry

Partner

Gibson Dunn & Crutcher

Reed D. Rubinstein

Partner

Dinsmore & Shohl

James B. Slaughter

Principal

Beveridge & Diamond

Jeffrey A. Smith

Partner

Crowell & Moring

E. Gail Suchman

Special Counsel

Stroock & Stroock & Lavan

Gregory D. Trimarche

Partner

Wrenn Bender

or call 1-800-926-7926

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