CERCLA Liability Distribution: Emerging Trends
Establishing Arranger Liability and Apportionment of Liability Since Burlington Northern
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide environmental counsel with a review of the court rulings since Burlington Northern. The panel will discuss environmental divisibility and arranger liability and related issues concerning liability under CERCLA.
- A review of Burlington Northern
- Arranger liability
- Apportionment of liability
- Lower courts’ application of Burlington Northern
- Arranger liability
- Potential application of Burlington Northern in other factual contexts
- Best practices
- Minimizing CERCLA liability
- Pursuing recovery of response costs from other PRPs
The panel will review these and other key issues:
- Approaches for developing evidence to establish a reasonable basis for apportionment.
- How is a defendant’s purported intent to arrange for the disposal of a hazardous substance determined?
- How can landowners and alleged arrangers seek to minimize their liability under CERCLA?
- What are the key considerations in efforts to recover response costs from other PRPs?
Sive Paget & Riesel
Mr. Chorost is an environmental and commercial litigator. His expertise also includes environmental impact review,... | Read More
Mr. Chorost is an environmental and commercial litigator. His expertise also includes environmental impact review, compliance, enforcement and auditing. Mr. Chorost represents clients in a wide variety of disputes before federal, state and local trial and appellate courts and before administrative bodies. He regularly litigates complex Superfund matters, including throughout Long Island and along New Jersey’s Passaic River.Close
Marc A. Zeppetello
Barg Coffin Lewis & Trapp
Mr. Zeppetello has extensive experience with counseling and litigation related to federal and state environmental... | Read More
Mr. Zeppetello has extensive experience with counseling and litigation related to federal and state environmental laws, with emphasis on the Clean Water Act, cleanup of contaminated property and cost recovery, hazardous waste management, and land use. He was a member of the Railroads' trial team in the Burlington Northern case and was involved in the briefing at the Ninth Circuit and the U.S. Supreme Court.Close