Groundwater Contamination Litigation: Proving and Defending Against Liability

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, May 24, 2022 (in 4 days)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE course will provide environmental counsel with a review of the regulatory structures for groundwater contamination, analyze lessons from recent significant cases, discuss trends related to 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 due to groundwater contamination claims. For example, one company agreed to pay $204 million to settle a suit over decades-long groundwater contamination in Delaware in April 2021. In October 2021, two other companies settled a 30-year-old claim in California for $77.6 million in a lawsuit for groundwater contamination related to pesticides released into the water.

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, as well as defending against such claims.

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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 high priority issues:

  • What are the lessons from recent groundwater contamination litigation?
  • How are courts reacting to groundwater contamination cases?
  • What strategies can counsel employ to prove liability for groundwater contamination? Conversely, what strategies can defense counsel use to defend against such claims?

Faculty

Napoli, Paul
Paul J. Napoli

Partner
Napoli Shkolnik

Mr. Napoli has achieved hundreds of verdicts and settlements for his clients and has also received many awards from his...  |  Read More

Thompson, Andrew
Andrew M. Thompson

Partner
Smith Gambrell & Russell

Mr. Thompson’s practice includes environmental, commercial and insurance-related litigation in state and federal...  |  Read More

Taylor, R. Trent
R. Trent Taylor

Partner
McGuireWoods

Mr. Taylor defends complex toxic tort and products liability cases with an emphasis on public and private nuisance...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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