CERCLA Statute of Limitations, Preemption, and Allocation: Latest Developments in Superfund and Environmental Litigation
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will provide guidance and case studies for counsel on CERCLA statute of limitations (including removal vs. remedial measures and cost recovery vs. contribution claims), preemption, and allocation dynamics. The expert 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 Section 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
Mr. Brown represents clients throughout the full lifecycle of complex environmental and product liability litigations... | Read More
Mr. Brown represents clients throughout the full lifecycle of complex environmental and product liability litigations and regulatory matters, particularly involving PFAS or natural resource damages. In his counsel to buyers, sellers, lenders, and underwriters on environmental issues in mergers, acquisitions, and financing transactions, Mr. Brown brings extensive experience and a commercial perspective to help reduce companies’ current and future potential liability exposure and to identify appropriate cost-effective mitigation initiatives. He guides his clients in the development and implementation of effective strategies for permitting, investigation and remediation, unilateral administrative orders under CERCLA or state law, as well as government subpoenas, information requests, and reporting requirements. He frequently partners with internal stakeholders to lead internal investigations that further his clients’ ESG sustainability goals.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
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