CERCLA Preemption of State Law Claims
Bringing or Surviving Preemption Challenges to Maximize Contribution Protection
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to counsel on when CERCLA preempts state law claims. The panel will review recent treatment by the courts on preemption challenges and will offer best practices for representing potentially responsible parties (PRPs) and surviving preemption challenges.
Outline
- CERCLA may preempt state law claims
- Recent treatment by courts of preemption challenges
- Best practices for representing PRPs and surviving preemption challenges
Benefits
The panel will review these and other key questions:
- How can state law claims be utilized to impose liability on a broader group of arrangers?
- What is the differing treatment of preemption challenges by the courts?
- What steps can counsel take to increase the success of state law claims and overcome preemption challenges?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty

Michael Steinberg
Senior Counsel
Morgan Lewis
He focuses on environmental law matters, especially litigation and counseling involving hazardous waste issues under... | Read More
He focuses on environmental law matters, especially litigation and counseling involving hazardous waste issues under the RCRA, Superfund law, and environmental justice issues. He has testified before Congress on Superfund liability and enforcement issues and serves as outside counsel to the Superfund Settlements Project and to the Business Network for Environmental Justice.
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Jayesh Hines-Shah
Nisen & Elliott
He concentrates his practice in complex commercial litigation. Before joining his current firm, he was an associate in... | Read More
He concentrates his practice in complex commercial litigation. Before joining his current firm, he was an associate in the Litigation Group at Morgan, Lewis & Bockius, where his environmental work included litigation and counseling regarding RCRA hazardous waste and Superfund matters. He has lectured widely on litigation issues arising in environmental cases.
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