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.
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.
- Federal and state regulatory structures
- Recent litigation
- Lessons learned from recent cases
- Trends in damages recovery
- Strategies for proving liability
- Identifying source
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?
Byron P. Gee, Partner
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
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.
CLE On-Demand - Streaming Video
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The speakers stayed on point and were very practical and informative.
I liked the breadth and overview of trends in case law and claims/defenses.
Donald J. Moran
Pedersen & Houpt
I thought the practice points and recommendations from the speakers, based on years of experience, were valuable.
Allen & Overy
The presentations were excellent and timely, and I thought the Q&A was very good.
J. Thomas Carrato
I liked the practical nature of the materials and use of examples and case summaries.
Parker Poe Adams & Bernstein
Environmental Law Advisory Board
Loeb & Loeb
Shipman & Goodwin
Barnes & Thornburg
Akin Gump Strauss Hauer & Feld
Arnold & Porter
Gibson Dunn & Crutcher
Dinsmore & Shohl
Beveridge & Diamond
Crowell & Moring
Stroock & Stroock & Lavan
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