Defending Environmental Common Law Claims After Bell v. Cheswick: Is Federal Permit Compliance Enough?
Assessing the Future of Preemption, Leveraging Potential Analogous State Law Arguments, and Demonstrating Due Care
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide perspectives and analysis of the implications of the Third Circuit's decision in Bell v. Cheswick Generating Station for toxic tort litigation. The panel will offer guidance on steps counsel can take to mitigate liability on state law claims for companies compliant with federal permits.
Outline
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Bell v. Cheswick Generating Station (3d Cir. Aug. 20, 2013)
- The decision
- Potential impact
- What does this mean for plaintiffs?
- What does this mean for defendants?
- Court treatment by other jurisdictions
- Best practices to mitigate liability
Benefits
The panel will review these and other key questions:
- What are the implications of the Third Circuit's Bell decision for federal environmental permit holders?
- What protective steps should counsel advise to reduce the likelihood of litigation outside the protection of federal permit compliance?
- What types of state law claims did the Third Circuit suggest would not be preempted by the federal law?
- What is the anticipated impact of the Bell ruling on other toxic tort litigation?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Mark W. DeLaquil
Partner
BakerHostetler
Mr. DeLaquil focuses his practice on complex environmental and regulatory proceedings. He represents and counsels... | Read More
Mr. DeLaquil focuses his practice on complex environmental and regulatory proceedings. He represents and counsels state and private clients in Clean Air Act administrative proceedings and litigation, including preparing comments on proposed actions and contesting them in the courts of appeals. He has extensive experience in actions concerning climate change, air quality standards, emission standards and state implementation plans.
CloseJonathan S. Martel
Partner
Arnold & Porter
Mr. Martel concentrates his practice on Clean Air Act matters, including regulatory and compliance counseling,... | Read More
Mr. Martel concentrates his practice on Clean Air Act matters, including regulatory and compliance counseling, participation in EPA rulemaking activities, government and citizen enforcement actions, appellate litigation challenges to rules, and other litigation matters. He appears regularly before U.S. EPA, the various EPA regional offices, and various state agencies, including the California Air Resources Board and California Air Quality Management Districts. He served for several years in the Office of General Counsel of the U.S. EPA.
CloseStacey O’Bryan Myers
Shareholder
Hunsucker Goodstein
Ms. Myers manages cases for both plaintiffs and defendants in the Environmental and Natural Resources and Insurance... | Read More
Ms. Myers manages cases for both plaintiffs and defendants in the Environmental and Natural Resources and Insurance Coverage practice areas, and handles the full range of litigation, including discovery, mediation, trials, and appellate practice. She has served as lead counsel in complex environmental and class action lawsuits involving property contamination and remediation. Before joining the firm, Ms. Myers served as a trial attorney in the Honors Program at the U.S. Department of Justice, Environmental Enforcement Section.
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