CERCLA Settlements and PRP Intervention: Protecting PRP Interests in Contribution and Cost-Recovery Process

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


Conducted on Tuesday, January 9, 2018

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide counsel advising parties in a contaminated site cleanup with guidance on both protecting the interests of settling PRPs and, on the other hand, protecting the contribution interests of non-settling potentially responsible parties (PRPs).

Description

Parties involved in a site cleanup must protect their interests in a proposed consent decree. A failure to do so could expose settling parties to future claims including under §107(a) of CERCLA and RCRA. This program will evaluate those risks and how to minimize them.

At the same time non-settling PRPs in a contaminated site cleanup want to take steps to ensure that any settling parties are held responsible for their share of the cleanup costs, to make sure that the non-settling parties are not exposed to an inordinate share of liability, and to protect their contribution and cost-recovery rights.

Listen as our authoritative panel of environmental law attorneys examines recent PRP intervention trends and developments, and offers best practices for CERCLA settlements, including settlement incentives for PRPs and when a PRP should settle.

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Outline

  1. CERCLA settlements
    1. Standards for review
    2. Settlement incentives
    3. How do private party settlements differ?
    4. Protection against future claims
  2. PRP intervention rights
    1. Intervention rights of non-settling PRPs
    2. Potential implications of intervention
  3. Best practices
    1. When should a PRP settle?
    2. Interacting with other PRPs
    3. How should non-settling PRPs address the settling parties’ consent decree?

Benefits

The panel will review these and other key issues:

  • How can a settling PRP minimize the risk of future claims?
  • What can a non-settling party do to minimize the risk of disproportionate liability?
  • Under what circumstances should a PRP seek to participate in a settlement?
  • What strategies should PRPs employ to protect their contribution interests in settlements to which they are not a party?

Faculty

Cohen, Albert
Albert M. Cohen

Partner
Loeb & Loeb

Mr. Cohen's practice includes complex environmental cases and transactions involving soil and groundwater...  |  Read More

Kirn, Jillian
Jillian C. Kirn, Esq.

Greenberg Traurig

Ms. Kirn focuses her practice on environmental and energy matters. She represents clients in litigation in state and...  |  Read More

Schiller, Suzanne
Suzanne Ilene (Shoshana) Schiller

Partner
Manko Gold Katcher & Fox

Ms. Schiller handles a wide range of commercial disputes with particular experience in real estate development,...  |  Read More

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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:

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