Resolving Superfund Liability and Protecting PRP Interests: Recent Developments and Best Practices in Settling and Preserving CERCLA Claims
Recent Developments and Best Practices in Settling and Preserving CERCLA Claims
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide counsel advising parties in a contaminated site cleanup with guidance on both protecting the interests of settling potentially responsible parties (PRPs) and, on the other hand, protecting the contribution interests of non-settling PRPs.
Outline
- Administrative orders and agreements and consent decrees: Settling with the government
- Allocation agreements and cash-outs: Private party settlements
- Intervention and other challenges to settlements
- Recent CERCLA decisions involving settlements
- Best practices for protecting client Interests
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
Albert M. Cohen
Partner
Loeb & Loeb
Mr. Cohen's practice includes complex environmental cases and transactions involving soil and groundwater... | Read More
Mr. Cohen's practice includes complex environmental cases and transactions involving soil and groundwater contamination, hazardous waste, CEQA and NEPA, water law and other aspects of environmental law. He handles substantial matters in areas such as Superfund, private cost recovery, environmental impact analysis, regulatory takings, water laws and environmental compliance.
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Jillian C. Kirn
Shareholder
Greenberg Traurig
Ms. Kirn focuses her practice on environmental and energy matters. She represents clients in litigation in state and... | Read More
Ms. Kirn focuses her practice on environmental and energy matters. She represents clients in litigation in state and federal courts and works on behalf of developers and corporations in connection with the acquisition, transfer, financing, and sale of contaminated real estate, including complex project redevelopments and environmental liability transfers. Prior to joining the firm, Ms. Kirn handled air, waste and toxics enforcement matters in the U.S. EPA’s Office of Regional Counsel in Seattle.
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Shoshana Suzanne Ilene Schiller
Partner
Manko Gold Katcher & Fox
Ms. Schiller, former Chair of the ABA's Superfund and Natural Resources Damages Litigation Committee, handles a... | Read More
Ms. Schiller, former Chair of the ABA's Superfund and Natural Resources Damages Litigation Committee, handles a wide range of disputes with particular experience in CERCLA, RCRA, cost recovery, contribution and class action litigation, as well as asbestos, toxic tort, pipeline, storage tank, real estate development, and leasing matters. She is a Senior Fellow of the Litigation Counsel of America, trying jury and non-jury cases in federal and state courts and arguing before appellate courts, administrative agencies, and hearing boards throughout the country. Ms. Schiller is also a frequent speaker at legal and industry trade conferences and seminars and is a regular author on environmental and real estate.
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