CERCLA Litigation Liability Update: New Cases, New Twists

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


Conducted on Thursday, April 30, 2020

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide environmental counsel with a review of recent court rulings on the liability of potentially responsible parties (PRPs) under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund or CERCLA). In addition, the presenters will discuss the impact of COVID-19 on Superfund Site operations.

Description

The CERCLA became law forty years ago. Since then, its contours and application have been defined not only by a significant amendment in 1984 but also decades of case law. And yet, it remains ever-evolving as courts seek to define and refine even the most basic aspects of CERCLA, from who may be a liable party to what claims may be brought and what damages can be recovered.

Listen as our panel discuss some of the more recent developments in Superfund, looking at a wide variety of decisions from the United States Supreme Court, Courts of Appeal and District Courts, including cases that are groundbreaking and those that reveal some of CERCLA’s underappreciated nuances. Topics will include arranger liability, accrual of claims, sovereign immunity, preemption, statutes of limitation and allocation. In addition, the panel will discuss the effect of state and local Stay-At-Home Orders as they apply to Superfund sites and provide practical tips for performing PRPs.

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Outline

  1. Superfund Liability: An Overview
  2. PRPs: Owners, Operators, Arrangers, and Transporters
  3. Accrual of Claims and Statutes of Limitations
  4. Liability Defenses: Sovereign Immunity, Preemption, and Releases
  5. Allocation/Damages
  6. COVID-19 Issues

Benefits

The panel will review these and other key issues:

  • Determining whether an individual or company is a liable PRP
  • Evaluating the appropriate claims and applicable of statutes of limitations
  • Addressing the effects of COVID-19 on Superfund site operations

Faculty

Fellers, Denise
Denise G. Fellers

Attorney
Morgan Lewis & Bockius

Ms. Fellers focuses her practice on environmental law, with an emphasis on litigation relating to groundwater...  |  Read More

Nwagbaraocha, Jonathan
Jonathan Nwagbaraocha

Counsel - Environment, Health, Safety & Sustainability and Compliance Leader
Xerox

Mr. Nwagbaraocha is currently in-house counsel at Xerox Corporation advising on various global environmental, health,...  |  Read More

Schiller, Suzanne
Shoshana Suzanne Ilene Schiller

Partner
Manko Gold Katcher & Fox

Ms. Schiller is a partner in the litigation group of the Philadelphia-area environmental and energy law firm of Manko...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

$297

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$297