Defending Against Citizen Suits Under Environmental Laws
Notice, Standing, Jurisdiction, Settlements and More Under RCRA, CERCLA, CWA and CAA
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance on procedural and strategic challenges for counsel defending environmental citizen suits under federal law. The panel will examine recent developments that impact citizen suits and provide best practices to manage your clients' risks when facing citizen suits.
Outline
- Litigation issues
- Notice
- Standing
- Jurisdiction
- Remedies
- Settlement
- Recent developments impacting citizen suits
- Court decisions
- EPA actions
- Parallel state proceedings
- Best practices to minimize the risk of citizen suits
Benefits
The panel will review these and other high priority issues:
- Utilizing court-tested litigation defense tactics to prevail on notice and standing in environmental citizen suits
- Arguing jurisdictional issues by relying on and differentiating recent EPA actions and court rulings
- Guiding clients in developing proactive procedures and policies to avoid the risks of citizen suits
- Settling with state or federal agencies in order to preempt citizen suits
Faculty
Kevin T. Haroff
Partner
Marten Law
Mr. Haroff is a highly regarded litigator with significant expertise and experience in complex environmental matters.... | Read More
Mr. Haroff is a highly regarded litigator with significant expertise and experience in complex environmental matters. He has presented at numerous business, law, and policy conferences in throughout the United States and abroad. He has represented clients on matters under the federal Superfund law, the Clean Water and Clean Air Acts, California’s Proposition 65, and other federal and state environmental statutes. He has handled a range of regulatory disputes involving the U.S. Environmental Protection Agency, the California Air Resources Board, the California State Water Resources Control Board, and the California Department of Toxic Substances Control.
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Paul P. (Skip) Spaulding, III
Partner
Farella Braun + Martel
Mr. Spaulding has more than 25 years of environmental litigation, permitting and counseling experience. He represents... | Read More
Mr. Spaulding has more than 25 years of environmental litigation, permitting and counseling experience. He represents private companies, universities and government institutions in environmental litigation and counseling. Mr. Spaulding handles all types of NEPA, RCRA, CWA, CERCLA, AEA, CEQA, wetlands, endangered species and SMARA matters. He has been lead trial counsel in numerous environmental cases; his notable engagements include representing a national defense laboratory in RCRA litigation in New Mexico, defending a large Arizona city in NEPA, ESA, RCRA and Clean Water litigation matters, and representing private entities in CERCLA, RCRA and state law environmental contamination litigation. Mr. Spaulding is well known throughout the Western United States for his defense and prosecution of citizen lawsuits brought under federal environmental laws.
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