Groundwater Contamination Litigation: Proving and Defending Against Liability

Demonstrating Nexus, Causation and Injury to Recover Damages

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, November 30, 2016
Recorded event now available


This CLE webinar will provide environmental counsel with a review of the regulatory structures for groundwater contamination, analyze lessons from recent significant cases, discuss trends for damage recovery, and outline best practices for proving and defending against liability.

Description

Groundwater contamination litigation is on the rise. There has been a string of recent cases, and courts have ordered defendants to pay millions of dollars in damages stemming from groundwater contamination claims. For example, one defendant agreed to pay $20 million to settle a suit over groundwater contamination in San Diego in June 2016. Pennsylvania residents were awarded $4.24 million in their lawsuit for groundwater contamination against an oil and gas company related to its fracking activities in Aug. 2016.

Controversy over hydraulic fracturing and its supposed link to groundwater contamination is also hotly contested. Stanford scientists recently asserted that hydraulic fracturing polluted underground sources of drinking water near Pavillion, Wyo. Environmental counsel must be aware of developing trends in this area and advance appropriate maneuvers in the interests of their clients.

Litigation of such claims is quite arduous. Proving or defending against groundwater contamination liability involves significant documentation, scientific reports and expert testimony. With increasing regulatory and litigation activity related to groundwater pollution, counsel must have the tools necessary to strategize in proving or defending against liability.

Listen as our panel of experts examines the regulatory structures for groundwater contamination, discusses lessons learned from recent cases of significance and the trends for damage recovery, and offers best practices for identifying the sources and proving liability, and defending against such claims.

Outline

  1. Federal and state regulatory structures
  2. Recent litigation
    1. Lessons learned from recent cases
    2. Trends in damages recovery
  3. Strategies for proving liability
    1. Identifying source
    2. Nexus
    3. Documentation
    4. Science
    5. Experts

Benefits

The panel will review these and other key issues:

  • What are the lessons offered by recent groundwater contamination litigation?
  • How are courts reacting to arguments linking hydrofracking to groundwater contamination?
  • What strategies can counsel employ to prove liability for groundwater contamination? Conversely, what strategies can defense counsel employ to defend against such claims?

Faculty

Byron P. Gee, Partner
Nossaman, Los Angeles

Mr. Gee represents clients in trial courts and administrative hearings on all areas of water rights and environmental law. He specializes in the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Substance Account Act, the Resource Conservation and Recovery Act, the Clean Water Act, and the California Porter Cologne Act.  Mr. Gee also provides counsel in administrative proceedings and defends claims based on federal, state, and local air quality regulations, as well as water rights disputes.

R. Trent Taylor, Partner
McGuireWoods, Richmond, Va.

Mr. Taylor defends complex toxic tort and products liability cases with an emphasis on public and private nuisance litigation, environmental contamination suits, and food safety issues. His experience includes defending clients in class actions, MDL coordinated proceedings, nationwide mass tort litigation, and appellate cases involving complex scientific and medical issues.


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 $297.00

How does this work?


Recorded Event

Includes full event recording plus handouts.

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.)

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Recorded Webinar Download $297.00

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Recorded Audio Download (MP3) $297.00

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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.

Program Materials

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Program Materials

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CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

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Customer Reviews

The speakers stayed on point and were very practical and informative.

Gerry Caron

Cabot

I liked the breadth and overview of trends in case law and claims/defenses.

Donald J. Moran

Pedersen & Houpt

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

Dan Jordanger

Hunton & Williams

Clearly had right speakers for this seminar.

Greg DeGulis

McMahon DeGulis

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

Allison Edgar

Parker Poe Adams & Bernstein

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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