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.
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.
- Brief overview of Burlington Northern and Santa Fe Railway Co. v. U.S.
- Supreme Court’s decision
- Court treatment
- Arranger liability
- Impact of the decision
- How are courts applying BNSF?
- Cost recovery
- Joint and several liability
- Government cost recover actions
- Unilateral 106 orders
- Increased litigation
- Coverage for orphan shares
- Impact on landowner liability
- Best practices for reducing cleanup liability and recovering remediation costs
- Minimizing CERCLA liability
- Recovering remediation costs from other PRPs
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?
Brian D. Israel, Partner
Arnold & Porter,
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
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.
On-Demand CLE - Streaming Audio
Our best recorded option for CLE accreditation. Includes recorded streaming audio of full program plus PDF handouts.
Strafford is an approved provider and can request CLE credit for On-Demand programs in the following states. (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
AK, AZ, CA, CO, DE, FL, GA, HI, IA, ID, IL, IN*, 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
*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.
On-Demand CLE Audio $149.00
Includes full event recording plus handouts.
Strafford is an approved provider and self-study CLE credit is available in the following states. (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
AK, AZ, CO, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NM, OR, PA, TN, TX, UT, VT, WA, WV, WY
To apply for Continuing Education credit for a recorded event, contact Strafford CLE to obtain an Attorney Affirmation Form at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
Recorded Webinar Download $49.00
Recorded Audio Download (MP3) $49.00
DVD (Slide Presentation with Audio) $49.00 plus $9.45 S&H
CD (Audio with Slide PDFs) $49.00 plus $9.45 S&H
Strafford webinars/teleconferences 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 liked the practical nature of the materials and use of examples and case summaries.
Parker Poe Adams & Bernstein
The quality of Strafford's speakers is consistently very good.
The content was very helpful and the presenters clearly knew the subject matter inside and out.
Chapman and Cutler
I appreciated the depth with which the presenters discussed the subject.
Hunton & Williams
The presentations were excellent and timely, and I thought the Q&A was very good.
J. Thomas Carrato
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.