CERCLA Liability of U.S. Government as Owner, Operator or Arranger for Clean-Up Cost and NRD on Public Lands
Growing Liability Trend In Light of Chevron Mining and El Paso Natural Gas
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide a brief overview of CERCLA and PRP liability and focus on U.S. government liability for cleanup costs and for natural resource damage to public lands. The program will discuss a recent case law trend of finding the federal government liable in its various roles as landlord. The panel will review the potential to leverage these decisions for companies engaged in cleanup negotiations, and how the federal government may respond to its expanding liability.
Outline
- Brief overview of CERCLA and PRP liability
- Recent case law developments
- Chevron Mining v. United States, 863 F.3d 1261 (2017)
- El Paso Natural Gas Co. LLC v. United States, 2017 WL 3492993 (D. Ariz. 2017)
- Other similar case law developments, e.g., other federal facilities.
- Leveraging federal government liability in cleanup negotiations, including parallel CERCLA lawsuits against the U.S.
Benefits
The panel will review these and other key issues:
- What is the potential impact of Chevron Mining and El Paso Natural Gas Co. for industries beyond mining?
- How can companies leverage the growing trend in federal government CERCLA liability in cleanup negotiations or parallel litigation?
- What response can companies expect from the federal government to the trend toward government CERCLA liability?
Faculty
Kirk B. Maag
Partner
Stoel Rives
Mr. Maag concentrates his practice on environmental and natural resources law, environmental compliance, and water... | Read More
Mr. Maag concentrates his practice on environmental and natural resources law, environmental compliance, and water rights and supplies. His practice involves advising clients in natural resource industries, including water suppliers, forest products companies, agribusinesses, and manufacturers. He advises clients on water rights, real property transactions in the forest products and agricultural industries, and local, state, and federal regulations that affect the storage, transportation, disposal, and cleanup of solid and hazardous wastes.
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Thomas C. Perry
Partner
Marten Law
Mr. Perry's practice focuses on natural resource litigation, regulatory compliance and permitting, and government... | Read More
Mr. Perry's practice focuses on natural resource litigation, regulatory compliance and permitting, and government affairs. He represents clients in resolving CERCLA, RCRA and ESA claims brought by federal government, including natural resource damages claims. He frequently speaks on issues related to natural resources, energy, and public lands.
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Stanley A. Millan
Special Counsel
Jones Walker
Mr. Millan's practice consists of environmental law, administrative law, green and government contracts law,... | Read More
Mr. Millan's practice consists of environmental law, administrative law, green and government contracts law, extending to the entire panoply of air, water, and waste regulation, including compliance counseling and defense before the EPA, the Louisiana Department of Environmental Quality (LDEQ), and courts. His government contract practice involves the U.S. Department of Energy, the Department of Defense, NASA, MARAD, and representation of both service contractors and GOCO facility contractors. His practice includes proposal preparations advice, bid protests, and Contract Disputes Act claims.
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