CERCLA Statute of Limitations, Preemption, and Allocation: Latest Developments in Superfund and Environmental Litigation
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance and case studies for counsel on CERCLA statute of limitations (including removal vs. remedial measures), preemption, and allocation dynamics. The seasoned truly national panel will also offer “in the trenches” strategies related to managing timing, choice of courts, and allocation challenges in Superfund and environmental litigation.
- Statute of limitations under Sections 107
- Statute of limitations under Section 113
- Preemption of state statutes of limitation and repose
- Apportionment of liability and response costs
The panel will review these and other key issues:
- When should a response action be considered a remedial or removal action?
- What steps can counsel take to leverage the federal accrual date for an environmental tort claim, whether governed by a statute of limitations or repose, or both?
- What best practices can counsel employ to reduce CERCLA liability early in the litigation?
- How can the allocation battle be won from discovery through trial?
Kegan A. Brown
Latham & Watkins
Mr. Brown is a member of the firm's Litigation & Trial and Environment, Land & Resources Departments. He... | Read More
Mr. Brown is a member of the firm's Litigation & Trial and Environment, Land & Resources Departments. He represents clients in complex environmental, products liability and toxic tort litigations; environmental regulatory matters, including remediations and natural resource damage claims; and transactional matters. He advises clients across a variety of industry sectors, including manufacturing, retail and consumer products, chemical, pulp and paper, and oil and gas.Close
Partner, Co-Chair Environmental Team
Baker & Hostetler
Mr. Thurlow is an environmental litigator with significant experience in environmental matters brought under the Clean... | Read More
Mr. Thurlow is an environmental litigator with significant experience in environmental matters brought under the Clean Air Act, CERCLA, Clean Water Act and RCRA. He formerly served in the Environmental Enforcement Section of the U.S. Department of Justice where he acted as lead counsel on a variety of civil enforcement matters, including a major Clean Water Act case against the city of Memphis, Tennessee, several Superfund cases, and several Clean Air Act matters involving power plants and oil refineries. He is a frequent writer and speaker.Close
John Van Vlear
Newmeyer & Dillion
Mr. Van Vlear specializes in all aspects of “contaminated sites” environmental legal work. He focuses on... | Read More
Mr. Van Vlear specializes in all aspects of “contaminated sites” environmental legal work. He focuses on investigation, strategic analysis, and remediation for site acquisitions/sales, development, regulatory interface, and related litigation in federal and state courts. He counsels clients in recognizing and managing environmental risks related to property. He is a frequent speaker on environmental, real estate and contamination topics.Close
David A. Rockman
Eckert Seamans Cherin & Mellott
Mr. Rockman counsels clients in managing environmental compliance and environmental risks to meet their legal... | Read More
Mr. Rockman counsels clients in managing environmental compliance and environmental risks to meet their legal obligations with respect to federal, state, and local environmental laws, regulations, and permits. He has experience with all of the major environmental programs governing air, water, waste, and land issues, across a broad spectrum of industries and activities.Close