CERCLA Statute of Limitations and Preemption: Latest Developments in Superfund and Environmental Litigation

A live 90-minute CLE webinar with interactive Q&A


Tuesday, October 24, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, September 29, 2017


This CLE webinar will provide guidance to counsel on the application of the CERCLA statute of limitations and preemption and removal versus remedial measures. The panel will offer best practices for managing timing issues in Superfund and other environmental litigation.

Description

Litigation to assign and apportion contamination cleanup costs among private and public parties under CERCLA raises some of the most complex issues in environmental law. Plaintiffs and defendants must navigate a growing and conflicting body of law regarding the timeliness of cost recovery and contribution actions to determine whether a three-year or six-year limitations period applies, and what event triggers which limitations period.

This webinar will explain the current state of the law on these issues and recent case law that underscores the challenge of designating environmental work as removal or remedial in nature, and the implications for whether a lawsuit is timely.

Another fundamental timing issue under CERCLA is the extent to which the statute’s preemption of state accrual dates for contamination lawsuits extends to state statutes of repose. The Supreme Court’s ruling in Waldburger held that CERCLA does not preempt a state statute of repose, but only preempts state statutes of limitations in environmental tort cases.

Listen as our authoritative panel of environmental attorneys provides practitioners on both the plaintiffs’ and defendants’ side guidance on how to apply the many aspects of the CERCLA statute of limitations and CERCLA preemption of state statutes of limitation.

Outline

  1. CERCLA statute of limitations under Sections 107 and 113
  2. Removal vs. remedial measures and their impact on timeliness of litigation
  3. CERCLA preemption of state statutes of limitation and repose for tort lawsuits (Section 309)

Benefits

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 other best practices can counsel employ to reduce exposure to CERCLA liability based on timeliness or preemption concerns?

Faculty

Kegan A. Brown, Partner
Latham & Watkins, New York

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.

Matthew D. Thurlow, Partner
BakerHostetler, Washington, D.C.

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.

John Van Vlear, Partner
Newmeyer & Dillion, Newport Beach, Calif.

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.

David A. Rockman, Member
Eckert Seamans Cherin & Mellott, Pittsburgh

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.


Live Webinar

Live Webinar $247.00

Includes Early Discount Savings of $50.00 (through 09/29/17)

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 09/29/17)

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $247.00
Available 48 hours after the live event

Includes Early Discount Savings of $50.00 (through 09/29/17)

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Recorded Audio Download (MP3) $247.00
Available 24 hours after the live event

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DVD (Slide Presentation with Audio) $247.00 plus $9.45 S&H
Available ten business days after the live event

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Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $344.00

Includes Special Savings of $250.00 (through 09/29/17)

Live Webinar & Audio Download $344.00

Includes Special Savings of $250.00 (through 09/29/17)

Live Webinar & DVD $344.00 plus $9.45 S&H

Includes Special Savings of $250.00 (through 09/29/17)


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Early Registration
Discount Deadline
September 29, 2017
(7 days)

or call 1-800-926-7926

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Customer Reviews

I liked the practical nature of the materials and use of examples and case summaries.

Allison Edgar

Parker Poe Adams & Bernstein

The content was very helpful and the presenters clearly knew the subject matter inside and out.

Nicole Squires

Chapman and Cutler

The presentations were excellent and timely, and I thought the Q&A was very good.

J. Thomas Carrato

Monsanto Company

I appreciated the depth with which the presenters discussed the subject.

Dan Jordanger

Hunton & Williams

The presentations were excellent and timely, and I thought the Q&A was very good.

J. Thomas Carrato

Monsanto Company

or call 1-800-926-7926

Environmental Law Advisory Board

John J. Allen

Partner

Allen Matkins

Albert M. Cohen

Partner

Loeb & Loeb

Aaron Courtney

Partner

Stoel Rives

Andrew N. Davis

Partner

Shipman & Goodwin

David R. Gillay

Partner

Barnes & Thornburg

Brian D. Israel

Partner

Arnold & Porter Kaye Scholer

Thomas J. P. McHenry

Partner

Gibson Dunn & Crutcher

James B. Slaughter

Principal

Beveridge & Diamond

Jeffrey A. Smith

Senior Counsel

Sidley Austin

E. Gail Suchman

Special Counsel

Stroock & Stroock & Lavan

Gregory D. Trimarche

Senior Counsel

Ring Bender

or call 1-800-926-7926

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